This Website and the services of Flipwithfred.com (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by Flipwithfred.com (including but not limited to Flipwithfred.com website and app) and collectively referred to herein as "Flipwithfred.com," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Flipwithfred.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on March 31, 2017.
Upon registration, you may choose your own password or Flipwithfred.com will assign you a password to access the Services through the Flipwithfred.com website or apps.
(a) Flipwithfred.com is a real estate website and app for contractors and private home buyers that are seeking and engaged in renovating and flipping residential properties. Flipwithfred.com filters various factors such as property type, size, and price, to provide costs and market conditions for renovating and flipping a property.
(b) Flipwithfred.com makes no guarantees, warranties or representations regarding real properties, values, costs, and other information provided. Flipwithfred.com does not endorse or recommend any real properties, geographical locations, goods, services, etc., except as may otherwise be specifically set forth herein. It is entirely up to you to evaluate the subject matter of the Services and to enter into a direct contract or otherwise reach agreement with third parties. We do not guarantee or warrant the outcome or quality of the renovations performed.
(c) Flipwithfred.com does not guarantee or warrant the pricing or discounts that a third party provider may offer you. Any quotes provided via Flipwithfred.com or apps, or which you find on Flipwithfred.com or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Flipwithfred.com. No contractual arrangement is created based upon the quotes provided to you through Flipwithfred.com. Flipwithfred.com does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with third parties are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Flipwithfred.com is not a party to such agreements. All payments and applicable taxes must be made to the third parties in accordance with the agreements.
(d) Should you have a dispute with respect to any services provided by a third party, you must address such dispute with the third party directly. YOU HEREBY AGREE TO RELEASE Flipwithfred.com (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
You acknowledge and agree that your use of Flipwithfred.com is for your personal use and not for advertising purposes. You may not use Flipwithfred.com to recreate or compete with Flipwithfred.com, to solicit or harass third parties, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Flipwithfred.com for any such damages, and will indemnify Flipwithfred.com in the event of any claims against Flipwithfred.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Flipwithfred.com Services, products or properties at any time. All information about third parties is confidential and for your personal use only. If it is determined or suspected by Flipwithfred.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Flipwithfred.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Flipwithfred.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
We may allow you to pay for goods or services provided by third parties, through the Flipwithfred.com website, apps, or services. Should you have any dispute with the goods or services provided by the third parties, you must contact the third party and resolve such dispute with the third party.
Upon using Flipwithfred.com, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to third parties who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our third parties via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. Either Flipwithfred.com or the third parties may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of third parties that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Flipwithfred.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flipwithfred.com has the right to refuse any current or future use of the Flipwithfred.com Services (or any portion thereof) by you. You are responsible for any use of the Flipwithfred.com Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Flipwithfred.com AND THE THIRD PARTIES, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Flipwithfred.com FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO Flipwithfred.com AND EACH OF THE AFFECTED THIRD PARTIES AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
By requesting Services, you agree that Flipwithfred.com and third parties may send you informational text (SMS) messages as part of the normal business practice of Flipwithfred.com. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from Flipwithfred.com at any time by texting the word STOP to from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from Flipwithfred.com and the third parties, your use of Flipwithfred.com Services may be impacted.
Flipwithfred.com may try and assist you in resolving any disputes that may arise in the course the Services and/or a third party through the Flipwithfred.com Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a third party. You must participate and use good faith efforts to resolve problems through the Flipwithfred.com resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
You acknowledge and agree that Flipwithfred.com may monitor and/or record any telephone calls between you and Flipwithfred.com.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Flipwithfred.com server (“Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Flipwithfred.com. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Flipwithfred.com or apps or any other Flipwithfred.com owned, operated, licensed or controlled site. Elements of the Flipwithfred.com or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Flipwithfred.com web Site may be copied or retransmitted unless expressly permitted by Flipwithfred.com. Flipwithfred.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED AS IS" WITHOUT WARRANTY OF ANY KIND. Flipwithfred.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE Flipwithfred.com WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Flipwithfred.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
The links in the Flipwithfred.com or apps will let you leave Flipwithfred.com's Web site. The linked sites are not under the control of Flipwithfred.com and Flipwithfred.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Flipwithfred.com is not responsible for webcasting or any other form of transmission received from any linked site. Flipwithfred.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flipwithfred.com of the site.
Flipwithfred.com respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at email@example.com.
YOU AGREE TO INDEMNIFY Flipwithfred.com, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE Flipwithfred.com SERVICES IN CONNECTION WITH THE Flipwithfred.com WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A THIRD PARTY, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
(a) The exclusive means of resolving any dispute between you and Flipwithfred.com or any claim made by you or Flipwithfred.com arising out of or relating to your use of this Website and/or Flipwithfred.com's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Flipwithfred.com in a small-claims court of competent jurisdiction OR EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Flipwithfred.com any class action, class arbitration, or other representative action or proceeding. By using the Website and/or Flipwithfred.com's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Flipwithfred.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
(b) Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Flipwithfred.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Middlesex County, Commonwealth of Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
(c) These Terms and Conditions, and any dispute between you and Flipwithfred.com, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the Flipwithfred.com Services are provided to you on an AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Flipwithfred.com's sole obligation to you or any third party for any claim arising out of your use of the Flipwithfred.com Services or the Flipwithfred.com or apps, is that you are free to discontinue your use of the Flipwithfred.com Services or the Flipwithfred.com or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Flipwithfred.com EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Flipwithfred.com SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Flipwithfred.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Flipwithfred.com's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Flipwithfred.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. 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 Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Massachusetts and between Massachusetts residents. You agree to submit to jurisdiction in Massachusetts and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Middlesex County, Massachusetts. These Terms and Conditions constitute the entire agreement between you and Flipwithfred.com and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.