TERMS OF SERVICE

The terms and conditions to the use of our Web site are subject to and condition upon, in their entirety, to this Terms of Service Agreement (“Agreement”). This Agreement is a binding agreement between you (“You”) and our company, (“Company”) and its parent and affiliated companies (collectively, “greatnextflip,” “we,” “us,” or “our”) and sets out the terms and conditions for your use of our Services.

By “Services,” we mean all the products and services owned and operated by the Company, including the content, features, data, and software made available through www.greatnextflip.com/ca (the “Web Site”), our mobile applications, and other websites or applications we operate.

Please review this Agreement carefully.  By accessing and using our Services, you unconditionally and irrevocably consent and agree to all the terms and conditions of this Agreement. Please be sure to also review our Privacy Policy, all the terms of which are expressly incorporated into and made a part of this Agreement.

This Agreement contains warranty and liability disclaimers.

We may modify this Agreement at any time without prior written notice to You. We will post the amended agreement at www.greatnextflip.com/ca/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.

  1. General Terms and Conditions

    Using Our Services: General Requirements
    By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations regarding your use of our Services. Our Services are intended only for licensed real estate agents (“Agents”), prospective investors in real estate properties listed by the Agents, and third-party service providers, sponsors and advertisers seeking to provide goods and services to real estate agents and prospective buyers of properties listed on this website.

  2. Registered Users

    We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.

    You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at support@greatnextflip.com of any unauthorized use of your account.

  3. License

    The Company grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. The Company reserves all right, title and interest in this Web site not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not specifically permitted under this Agreement is strictly prohibited.

    You agree not to sub-license, assign, or transfer the license granted to you under this Agreement. Any attempt by you to sub-license, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

  4. Intellectual Property

    All content herein and hereafter available through this Web site and our Services, including without limit, text, images, audio, video, computer code, and similar other technologies employed herein are in perpetuity, the property of the Company (individually and collectively, our “Content”).

    Our Content, including any content licensed to us by third party content providers (“Providers”), is protected by U.S. and international intellectual property laws and treaties. In accessing this Web site, you understand and agree that you are permitted to access our Content only through our Services. You are prohibited from duplicating or altering by any means any part of the Great Next Flip website for any purpose without our prior written permission, which the Company shall be under no obligation to provide. You are prohibited from reverse engineering or reverse compiling any of our Services or technologies incorporated into our website.  You agree you have no right to use any Content contained at any time in this website except as expressly set forth herein.

    You agree not use our Services in any manner that infringes the rights of any third party. If you believe, in good faith, that any of our Content infringes upon your copyrights, you may send a notice of infringement (“Notice”) under the Digital Millennium Copyright Act (“DMCA”) by email to dmca@greatnextflip.com/ca. Complete information as to what you must include in the Notice, click here to read the DMCA.

  5. Prohibited Uses

    You agree that you will not use our Services to engage in any illegal or illicit activity or use our website for any purpose other than as intended by the Company.

    You will not use our website in any manner that could in any way be expected to damage, disable, overburden, or impair our website or interfere with the delivery of any of our Services or delay or impair any other person’s use thereof.

  6. Listings

    Nothing you send to us in any email or other media will be considered or treated as confidential. The Company does not pre-screen any mail or email and except as provided by law, has and will have no obligation to timely read any mail or email sent to the Company, or to read or respond to it at all.

    By submitting or sending a listing to us, you absolutely and unconditionally: (a) represent and warrant that you have all lawful right to submit the property listing to us for publication on the Company website, either as the listing agent under a valid written listing agreement, or under some other written agreement between you and the property owner that by all applicable law, permits you to publish the listing with us on our website; (b) each listing when submitted is submitted accurately as to its status as active, contract pending, in escrow, etc., (c) all information set out in each listing as submitted or as amended will be, at such time of submission or amendment true, accurate and complete to the best of your knowledge and belief; (d) you grant the Company; its affiliates and assigns a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sub-licensable right and license to use, reproduce, and publish, your listing (in whole or any part thereof) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in the absolute and sole discretion of the Company, with or without including the use of your name or your company name or other affiliation.

  7. Mobile Devices

    When you use your mobile device to electronically access our website, you authorize your wireless carrier to disclose information about your wireless carrier account as permitted by law (the “Mobile ID Data”). You access of our website by any means or device is governed by all the terms and conditions of this Agreement and the Privacy Policy.

  8. No Warranty

    TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES RENDERED BY THE COMPANY; ITS WEBSITE CONTENT, OR OTHER CONTENT ABOUT OR PROVIDED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, SUBJECT TO ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS OF GOODS OR SERVICES PROVIDED BY OR THROUGH THE WEBSITE OR ANOTHER PERSON OR ENTITY USING THE WEBSITE OF THE COMPANY, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR WEBSITE CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR WEBSITE. FURTHER, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, THIRD-PARTY RIGHTS AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USE OR TRADE ARISING OUT OF THE USE OF THIS WEBSITE BY ANY PERSON OR ENTITY AT ANY TIME FOR ANY PURPOSE IN PERPETUITY.

  9. Assumption of Risk

    You unconditionally and irrevocably understand, covenant, consent and agree that your use of our services, our website content, or other content available by or through our services, including without limit third-party service providers, is used at your sole and absolute discretion and risk. You assume all risk for any damage that may result from your use of any services offered by or through our website; our content, or other content available through our service providers. You are solely responsible for any damage to your computer system or mobile device used in connection with our website, including without limit, the loss of data that may result from the use of our website, our content, or other content available by or through our website.

  10. No Advice Provided

    You acknowledge, understand and agree that neither the Company; its affiliates and assigns is not engaged in and does not by way of any of its websites provide any legal, tax, investment, marketing or other professional advice or services.  If legal, tax, or other professional assistance is required, the services of a competent professional with expertise in such area should be sought. Any links to such professionals on our website is to assist You in examining possible service providers for such services. In selecting any such service provider, You absolutely, irrevocably, unconditionally, forever indemnify and hold harmless the Company from and against any liability of any nature whatsoever arising out of your decision to hire any service provider for any purpose, whether hired by or though our website, or other websites accessed through the Company website or otherwise.

  11. Limitation of Liability

    You irrevocably and absolutely understand, covenant and agree that in no event shall the Company be held liable for any damages, including without limit, direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with your use of our website or any services offered by or through our website, or in connection with any failure of performance, errors, omissions, power interruption, defects of any type, delays in operation or transmission, computer viruses, malware, or Internet line. This includes your use of any tools or forms that are or may become available through our website.

    Moreover and specifically, except as limited or prohibited under federal or state law, you waive any right to assert any form or cause of liability or rights to any type of damages against the Company for any reason whatsoever.

  12. Indemnification

    You absolutely and unconditionally understand, covenant and agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of services offered by or through our website; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party.  You must not settle any such claim or matter without the prior written consent of the Company. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claim(s).

  13. Governing Law

    This Agreement will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws.

  14. Waiver

    Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breach. No waiver by the Company of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of the Company at the time of such waiver.

    If any provision of this Agreement shall be determined unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and/or enforceability of any remaining provisions hereof.

    We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of the Company, for which the Company shall be under no obligation to provide.

  15. Consent to be Contacted; Notices

    You agree to be contacted by phone or text, to the number you provide. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. Upon providing such phone number, You represent and warrant that You are the authorized subscriber for the telephone number(s) you have provided.

    If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in such notices, the notices will become effective immediately.

  16. Third-party Service Estimates

    For Agents: If you or your client requests or receives an estimate for services from any third-party vendor that is listed in the Company’s website, in any capacity, you do so at your sole risk. You further irrevocably and unconditionally, absolutely hold the Company harmless from and against any liability arising out of any action, contract, or cause of action between you and such third-party vendor.

  17. Estimates of Property Value are Not Appraisals

    For Investors: All estimates of property value, in current or after-repaired value, are the opinion of the listing agent and/or their representatives, and at no time reflect any opinion of value by the Company. The Company is not licensed to provide any opinion of value with respect to any parcel of real estate and at no time makes or implies any such representation. Any representation by anyone to the contrary is false. The Company is not a licensed appraiser or real estate broker, and makes no statements, express or implied, that require either such license to make.

  18. Property Transactions

    All transactions for the purchase, improvement, and resale of any real estate listed at the greatnextflip.com/ca website, are solely between the listing agent and all other relevant third-parties engaged in such actions, including but not limited to a prospective buyer of any property listed on our website. The Company will not be engaged in any communications or undertaking of any business between any parties meeting through the use of our website. Your use of this website and access to listings and any information contained in our website acknowledges your consent to forever indemnify and hold harmless the Company; its affiliates and assigns and their respective officers and directors, from and against any liability for any reason arising out of any third-party use of this website.

  19. Contractors; Third Parties

    Your use of any contractors, sub-contractors, laborers, materialmen, suppliers, and other providers of services or goods either listed on this website or not, are selected by you at your sole risk and expense. The identification of any of third-party goods or service providers on our website does not carry with it any form of express or implied endorsement of any nature. Any statements made by them in their websites or made to you verbally or in writing as to their services and/or goods are made without any knowledge of the Company. Regardless of the source of the provider of any service or good, you are strongly advised to investigate the background, licensure, professional and business standing and other reasonable information about any person or company with whom you are considering a business relationship.

  20. Omnibus Statement of Purpose and Exculpatory Provisions

    The primary purpose of this website is to (1) provide a marketplace for licensed real estate agents to post their property listings which in their best estimate, are indicative of properties that can successfully be purchased, improved, and resold at a profit, (2) provide investors with a searchable database of properties that can possibly be purchased, improved, and resold at a profit, (3) provide real estate licensees and investors with online tools and resources to help understand and evaluate investment potential of investment properties, whether listed on this website or not, and (4) provide links to various resources that may prove helpful in their property sales and investment interests, respectively. All the foregoing notwithstanding, the Company expressly waives any liability for any errors, omissions, mistakes, scrivener’s errors, misstatements of fact, misrepresentations, or any acts of fraud, fraudulent inducement or any other civil tort committed by any party involved in any transaction at any level involving anyone using this website and any of the tools, service providers, resellers of goods, services, or otherwise arising out of this website.

  21. Omnibus Indemnity

    In all events, You irrevocably and absolutely understand, covenant, consent and agree to unconditionally forever defend and hold harmless the Company; its officers, directors, shareholders, and assigns from and against any liability of any nature whatsoever arising out of your use of any part or all of this website at any time, including without limit, the purchase or use of any goods or services provided to you by anyone by or through this website; your contact with any person or entity by or through this website, and any other form or type of liability at law or equity arising directly, indirectly or proximately caused by your use of this website at any time. Further, You, both directly and indirectly, irrevocably and absolutely understand, covenant, consent and agree to unconditionally forever abstain from bringing any form of legal action against the Company. Your entering into or use of our website constitutes your consent to each and all of the foregoing stated items to the fullest extent permitted under all federal and state laws.

    Any rights not expressly granted herein are reserved by the Company.
    Copyright Great Next Flip 2019.