Terms Of Use

Terms of Use

CreativeCashFlow.com

 

This Agreement was last updated: December 11, 2017.

 

Acceptance of Terms of Use. The use of the creativecashflow.com website (the “Website”) and the products and services made available on or through the Website (the “Services”) is subject to the terms of use as defined and governed by this agreement (the “Terms of Use”), which constitutes a legal binding agreement between you (“you” or “Member”) and CreativeCashFlow.com, LLC (“CreativeCashFlow”, “we”, “us”, or “our”). By using the Website you hereby acknowledge that you have read, understood, and are in agreement to be bound by the terms and conditions as defined and governed by these Terms of Use.

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Website or the Services and receipt of data, materials and information available at or through the Website or the Services.

 

We reserve the right to modify these Terms of Use or the content at the Website and the Services at any time, but have no obligation to update any information on the Website or through the Services.

 

GENERAL USE RESTRICTIONS

 

You may use the Website and the Services solely for your personal, noncommercial use. You agree to use the Website and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You will not copy or distribute any part of the Website or the Services in any medium without our prior written authorization and you will not alter or modify any part of the Website or the Services.

 

You further agree not to disrupt, overwhelm, attack, modify or interfere with the Website or the Services or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website and the Services. You agree not to alter or tamper with any information or materials on or associated with the Website and the Services. Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website and the Services or otherwise. In order to protect the integrity of the Website and the Services, we reserve the right at any time in its sole discretion to block members from certain IP addresses from accessing the Website or the Services.

 

All information, documents, forms, products, software and services provided as part of the Website and the Services, including trademarks, logos, graphics and images (the “Materials”) are provided to you by us subject to the terms of these Terms of Use.

 

We grant you the limited right to display the Materials only on your personal computer, and to print, copy and download the Materials therein displayed on such computer, provided that: (1) both our copyright notice (e.g., © 2015-2016 CreativeCashFlow.com, LLC) and this permission notice appear in the Materials so displayed, copied or downloaded and (2) such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media to any third party). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any terms of this Agreement. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

 

You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” any Materials on any other server or Internet-based device without advance written authorization from us or our licensors.

 

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials or any Third Party Content (as further described below) on any legal basis, without our advance written authorization.

 

The Website and the Services are not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; and any information submitted by such users will not knowingly be used, posted, or retained by us.

 

MISUSE OF THE SERVICES

 

You must not: (i) include swear-words or terms that could be considered offensive in material posted on or transmitted through the Website or the Services, (ii) place material on, or otherwise use, the Website or the Services for any business or commercial purpose, (iii) use your access to the Website or the Services, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam), or (iv) collect or harvest any personally identifiable information, including usernames, from the Website or the Services, nor use the communication systems provided by the Website or the Services, for any commercial purpose.

 

We reserve the right to (i) suspend or terminate any Member’s access to the Website or the Services, or parts of it, and/or (ii) to remove, or require the Member to remove, any Submission posted on the Website or in connection with the Website and the Services, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Website or the Services without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the Website or the Services while your Membership account is logged on to the Website or the Services, or through your email address(es).

 

SUBMISSIONS

 

You acknowledge that you are responsible for the information and material that you submit in connection with the Website or the Services, including without limitation Registration Information (each a “Submission”), and that you, and not us, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright, including without limitation that the Submission does not (i) infringe the intellectual property or other rights of any person or entity, (ii) breach any applicable law, whether criminal, tortuous or otherwise, or (iii) appear to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).

 

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Website or the Services is provided on a non-proprietary and non-confidential basis. You agree that we shall be free to use or disseminate a Submission on an unrestricted basis for any purpose, including without limitation promotion of the Website or the Services and customizing ads to you in connection with the Website or the Services and other web sites you visit. If you submit information in connection with the Website or the Services, you (i) grant us a nonexclusive, worldwide, royalty-free, perpetual license to access, link to, use, copy, exploit, and prepare derivative works of the Submission, in any form, anywhere including without limitation (a) through any media now known or not currently known or invented, or (b) on third-party sites and services that link to the Website or the Website and the Services or through which profiles are searchable, (ii) represent and warrant that you are fully entitled to grant that license, (iii) undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of that person to enable the inclusion and use of the Submission in the Website and the Services, and the exploitation by us of the Submission in the manner contemplated by this Agreement, and (iv) authorize us to adapt the Submission, and so waive (or undertake that you have procured an effective waiver of) all so-called “moral” rights to object to any derogatory treatment of the Submission, or to be identified as their author. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO US.

 

You understand and agree that we may, but are not obligated to, review the Website or the Services and may delete or remove (without notice) any content or Submission in our sole discretion, for any reason or no reason, including any Submission that in our sole judgment violates this Agreement, or which might be offensive, illegal, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submission you provide in connection with the Website or the Services. You may remove any Submission from the Website or the Services at any time, but you acknowledge that we may not be able to and have no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

 

THIRD PARTY CONTENT & SITES

 

The Website and the Services may contain links that will let you access other websites that are not under our control. The links are only provided as a convenience, we do not necessarily endorse any of these sites. We assume no responsibility or liability for any material that may be accessed on other websites reached through the Website or the Services, nor do we make any representation regarding the quality of any product or service contained at any such site. We have no responsibility or liability for any material on other websites that may contain links to the Website or the Services.

 

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available in connection with the Website or the Services by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours (the “Third Party Content”). We neither endorse nor are responsible for monitoring, reviewing or confirming the accuracy or reliability of any opinion, advice, information or statement made in connection with the Website or the Services by anyone other than our authorized employees acting in their official capacities, and you agree that you shall have no right of recourse against us for any liability arising out of your use (or lack thereof) of such Third Party Content.

 

The Website and the Services include links to other World Wide Web sites or resources (“External Web Sites”). Because we have no control over External Web Sites and resources, you acknowledge and agree that we are not responsible for the availability of such External Web Sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Web Sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External Web Site or resource. Finally, you acknowledge that such External Web Sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those External Web Sites.

 

RECOMMENDATIONS

 

You acknowledge that we may make certain recommendations to you via the Website, the Services, or email for third-party products and services from time to time. You acknowledge that we may be paid referral fees in connection with these recommendations. We in no way guarantee that the products or services offered by these third parties will produce satisfactory results or otherwise be useful or beneficial for you. Further, because we do not have any control over these third parties, we cannot guarantee that their products or services will not change after our recommendations have been made.

 

We may, from time to time, receive discounts, rebates or other incentives from third-party vendors for products or services we recommend to you. We may, but are not obligated to, pass along some or all of the discounts, rebates or incentives to you in connection with these products or services.

 

EMAILS AND ALERTS

 

In the course of providing you the Services, we may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Website or the Services, including welcome emails which help inform new users about various features of the Website or the Services. You also agree to have your name and/or email address listed in the header of certain communications that you initiate through the Website or the Services.

 

We may also send you emails from time to time for other products or services we, our affiliates, or our third-party partners offer. By accepting this Agreement, you agree that we may send such marketing emails to you; provided, however, that we will give you the opportunity to later opt-out from such marketing emails.

 

You understand and agree that any alerts provided to you through the Website or the Services may be delayed or prevented by a variety of factors. We cannot guarantee the delivery or the accuracy of the content of any alert as the recipient’s email address may be invalid or have limitations on the relevant mailbox that could impede the delivery of the email, such as a mailbox limit or spam filter. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

MEMBERSHIP FEES AND PRICING

 

We reserve the right to charge for the Website or the Services or any portion thereof, modify the pricing of, add to, or discontinue the Website or the Services or any portion thereof without prior notice.

 

Please visit our Membership Page for a listing of the current membership levels and pricing.

 

Purchase, Payment, Recurring Monthly Billing

When you select a membership level, we immediately charge your credit card for the applicable subscription fees. We do not offer any refunds.

For the Seller Financing Essentials Plan, you will be billed on a monthly basis. On the same day of each month, until you tell us otherwise, we charge your monthly fee to your credit card or PayPal account. Please note that monthly charge algorithms are determined by 3rd party plug ins and software which CreativeCashFlow.com does not control. Memberships and subsequent billing cycles are determined by best use and practices and will be handled by WooCommerce Memberships.

You can cancel your subscription any time by going into your “My Account” page and cancelling.

REGISTRATION AND ACCOUNT CREATION

 

Registration Information. You can generally view the Website and the Services without revealing any personally identifiable information about yourself. You may voluntarily provide to us personally identifiable information if you desire to register and/or set up an account to use the Website and the Services. You undertake to register for the Website and the Services using accurate and current information about yourself – including your correct name, email address and any other requested details – in addition to selecting a username and password which will be associated with your membership during registration (collectively, “Registration Information”). If any of your Registration Information changes, you agree to update such information by editing your customer profile on the Website and the Services. Your username, as subsequently amended and added to, will be available to all members of and visitors to the Website and the Services, unless you specify in the Privacy options for your Service account that you wish your profile only to be viewable by either members or friends.

 

We reserve the right, in our sole discretion, to refuse the use of a username or revoke the use of a username previously selected by a Member. This may be because we feel the username is inappropriate or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific username.

 

Maintenance of Registration Information. If you register and/or set up an account on the Website or for the Services, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Website and the Services and you are responsible for all use by you and those you allow to access the Website and the Services using the Registration Information you have provided. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

 

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you agree to promptly change the affected Registration Information and notify us of the problem via e-mail as set forth on our Contact Us page.

 

We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.

 

We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Website or the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Website or the Services, in the manner prescribed therein.

 

THE SERVICES

 

You understand and agree that we are only providing you with tools to use in connection with real estate and that we are not providing any legal advice, legal services, financial advice, investment advice, investment services or the like. The forms and templates available at the Website or the Services are merely samples for your review and are not a substitute for the advice or services of an attorney, real estate professional, or financial services provider.

 

If, prior to your purchase, you believe that we gave you any legal advice, opinion or recommendation about your legal rights, remedies, defenses, options, selection of forms or strategies, you will not proceed with this purchase, and any purchase that you do make will be null and void.

 

YOU UNDERSTAND AND AGREE THAT THE ESTIMATES YOU RECEIVE FROM THE REHAB ESTIMATOR AND ANY CALCULATORS OR FORMULAS YOU USE AT THE WEBSITE OR THROUGH THE SERVICES ARE NECESSARILY LIMITED BY THE INFORMATION YOU PROVIDE. YOU FURTHER UNDERSTAND AND AGREE THAT THE ESTIMATES OR ANY FIGURES PROVIDED BY THE REHAB ESTIMATOR OR ANY CALCULATORS OR FORMULAS THAT YOU USE AT THE WEBSITE OR IN CONNECTION WITH THE SERVICES MAY NOT REFLECT YOUR ACTUAL COSTS, PROITS, INCOME, OR OTHER FIGURES BECAUSE SUCH COSTS AND FIGURES VARY WIDELY DEPENDING ON A NUMBER OF FACTORS THAT INCLUDE, WITHOUT LIMITATION, GEOGRAPHIC AREA, MARKET CONDITIONS, AND MATERIALS SELECTED.

 

YOU AGREE THAT YOU WILL READ ANY AND ALL FINAL DOCUMENT(S) YOU OBTAIN FROM THE WEBSITE OR IN CONNECTION WITH THE SERVICES BEFORE USING AND SIGNING THEM AND AGREE TO BE SOLELY RESPONSIBLE FOR THE FINAL DOCUMENT(S).

 

Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, PRINCIPALS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER THEY ARISE (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON OUR PART, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Third-Party Services. If you purchased a product that involves third party services, you understand and agree that you may be required to accept additional terms located on the third party’s site. The third party may contact you by email and/or phone with instructions on how to access your benefits. WE HEREBY DISCLAIM LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AS PART OF ANY THIRD PARTY SERVICES. WE ARE NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. A THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM OURS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE OUR SITE.

 

If you choose to add a product or service to your order subsequent to your initial purchase or subscription, the then-current version of these Terms of Use will apply to that additional product or service purchase as well.

 

Suspended Accounts. If we encounter evidence of suspicious activity in connection with your account, including, but not limited to, evidence that your account is being used by someone who is not authorized to do so, you acknowledge that we, in our sole discretion, may opt to temporarily disable your account for a reasonable amount of time in order to investigate. In the event that we disable your account, you understand that, absent a subpoena or court order, no information about your account will be provided to anyone outside of our company, including you or any authorized contact, until the investigation is complete. You acknowledge that we will not be liable for any delays caused by these policies and procedures.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and out affilates’ officers, directors, shareholders, principals, members, partners, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (i) your use of the Website or the Services and/or; your connection to the Website or the Services; (ii) your violation of the rights of others, this Agreement, or any intellectual property or other right of any person or entity; or (iii) any intellectual property infringement by any other user of your account, if an account has been assigned to you.

 

DISCLAIMER AND WARRANTY

 

Disclaimer. The Website and the Services are designed to help visitors and members obtain financial and real estate education and discuss ways to make investment and financial decisions. You should not rely solely on the information or opinions you read or that are made available to you through the Website or the Services. The opinions expressed by members of the Services or other visitors to the Website on any discussion forum, bulletin board, or other forum at the Website are not necessarily those of CreativeCashFlow.com. We do not recommend or endorse any specific investments or business opportunities. We recommend that you research all investments and opportunities thoroughly and make your own informed decision before making any investments.

 

You acknowledge and agree that the Website and the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by us, and agree that we do not warrant the accuracy or timeliness of the Materials and further agree that we have no liability for any errors or omissions in the Materials, whether provided by us or our licensors. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, LEGALITY, SUITABILITY, OR COMPLETENESS OF ANY INFORMATION INCLUDED IN ANY ESTIMATE, FORM, OR DOCUMENT CREATED THROUGH THE WEBSITE OR THE SERVICES. USERS ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION INCLUDED IN SUCH ESTIMATES, FORMS, OR DOCUMENTS AND WE SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION IN SUCH ESTIMATES, FORMS OR DOCUMENTS.

 

WE, FOR OURSELVES AND EACH OF OUR LICENSORS, MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED AT OR AVAILABLE THROUGH THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY THIRD-PARTY CONTENT. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE SERVICES, OR THE OPERATION OR FUNCTION OF THE WEBSITE OR THE SERVICES, ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE WEBSITE, THE SERVICES, OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED IN CONNECTION WITH THE WEBSITE OR THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

 

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVERAGE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEYS’ FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE INFORMATION CONTAINED ON THIS WEBSITE.

 

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN TEXAS, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

 

LIMITATION OF LIABILITY

 

NEITHER WE NOR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE, ATTEMPTED USE OR LOSS OF USE OF THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THE SERVICE, THE DELAY OR INABILITY TO USE THE WEBSITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE OR THE SERVICES, INFORMATION OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR THE SERVICES, OR THE CONDUCT OF YOU OR OTHER USERS IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE WEBSITE, THE SERVICES, OR THIRD PARTIES WHO PROVIDE LINKS OR INFORMATION THROUGH THE WEBSITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICES. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS OUR LIABILITY OR YOUR REMEDIES OR OTHERWISE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WE WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

MAXIMUM LIABILITY

 

WITHOUT LIMITING THE PRECEDING CLAUSES, during any period of twelve months, OUR aggregate liability TO YOU under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of: (i) An amount equal to the sums actually paid by you to us by way of Membership OR SUBSCRIPTION fees during the twelve-month period prior to the date when liability arises, OR (ii) US$100, regardless of the cause or form of action.

 

RELEASE

 

We have no control over, or responsibility for, the truth or accuracy of any of the Materials, Third Party Content, or other materials available on the Website and the Services, whether provided by members (such as Submissions) or others. If any External Web Site is linked to, or from, the Website and the Services, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. You should exercise no lesser degree of caution in appraising what you see on the Website and the Services than you do offline. Even though members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. Your use of the Website and the Services is entirely at your own risk. Accordingly, to the extent that the law permits, you release us, our directors, shareholders, principals, members, partners, contractors and employees, from all liability arising out of or in connection with the Website and the Services and the material included here by members (including Submissions) and other third parties.

 

MISCELLANEOUS

 

We control and operate the Website and offer our Services from our headquarters in Garland, Texas and make no representation that the Materials or any Third Party Content in connection with the Website and Services are appropriate or will be available for use in locations other than the United States. If you use the Website and the Services you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. This Agreement will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Website or Services only in the federal and state courts located in Dallas County, Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This Agreement and the Privacy Policy comprise the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

 

Intellectual Property Rights.  All information and/or content provided by the Website and the Services is subject to and protected by copyright laws and is owned by us, our affiliates or our licensors.

 

The Website and the Services may contain or provide information, graphics, images, photographs, icons, designs, articles, recommendations, press releases, brochures, documents, text, data, advertisements, video, audio, music, feeds, services, software technology, and other materials (the “Content”). The Website and the Services are solely for your personal, non-commercial use. The Content may be changed, updated or removed without notice. We may also make improvements and/or changes in the products, services and/or the programs described in this Content at any time without notice.

 

Our Limited License to You. All of the Content displayed on, transmitted through, or used in connection with the Website and the Services, including without limitation, trademarks, service marks and copyrighted materials, are our property or are the property of our affiliates or licensors, and are protected by copyright, trademark, patent and other intellectual property laws. You may use the Content only for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content only for your personal, non-commercial use, provided you do not remove or modify any trademark, copyright, or other notices contained in that Content. You may not use the Website, the Services, or the Content in any way that constitutes an infringement of our, our affiliates, or our licensors’ intellectual property rights or violation of the privacy rights of others or that we have not specifically authorized in writing. You may not, without our permission, mirror or frame any material which is contained on the Website or the Services. We also prohibit unauthorized links to the Website and the Services and reserve the right to disable any unauthorized links or frames. You may not modify, copy, reproduce, republish, upload, post, re-post, transmit, translate, sell, create derivative works based upon, exploit, or distribute the Content in any manner or in any medium without our written authorization. To request permission to use the Content in a way not authorized in writing here or in any additional terms and conditions found on the Website, through the Services, or provided by us, please contact us.

 

User-Generated Content. If you post photos, text, videos, audio clips, comments, or other materials, including without limitation, Submissions, (“User Content”) at the Website or in connection with the Services, by doing so, you grant us a limited license to use such User Content at the Website or in connection with the Services and on any of our social media pages in our sole discretion. By posting any User Content to the Website or the Services or at our social media pages, you hereby waive any right to compensation or royalties and further acknowledge that you will not receive any compensation for the use of such User Content in any form, and make no claim to any fees associated with our use of the User Content. You further acknowledge and agree that you have no right to review, approve or reject any User Content prior to its use by us.

 

We reserve the right to remove any User Content from the Website, the Services, or our social media pages for any reason.

 

Copyright. We respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement at the Website is:

CreativeCashFlow.com, LLC

Attn: Copyright Agent

1795 Northwest Highway

Garland, Texas 75041

Email: dmca@creativecashflow.com

 

 

 

To use the Website and the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that we are not responsible for delays, delivery failures, or other damage resulting from such problems.

 

We shall not be considered in breach of or default under these Terms of Service or any contract with you, and shall not be liable to you for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, we may immediately terminate these Terms of Service and shall have no liability to you for or as a result of any such termination.

 

You understand that these terms affect your legal rights and obligations. If you do not agree to be bound by all of these terms, You will not use the Website and the Services. By proceeding with your registration, you agree to these Terms of Use.


 

Privacy Policy

 

This Privacy Policy is provided to inform you of the ways we gather and use information at the Website. This Privacy Policy does not apply to any website linked to this Website, and neither CreativeCashFlow.com, LLC (“CreativeCashFlow,” “we”, “us”, or “our”) nor our officers, directors, affiliate companies, members, managers, or subsidiaries are responsible for the privacy policies or the content of such other websites.

 

Information Collection. Please be aware that we are committed to upholding the highest level of confidentiality and security for those who choose to visit our Website.

 

Personal information identifies who you are. This is information that you personally and voluntarily provide as a result of a prompt on the Website. Such information includes, but is not limited to, your name, postal address, phone number, and email address. You may submit personal information in three areas of this Website: 1) when making a purchase; and 2) when signing up to receive our emails; and 3) by your browser allowing the Website to accept cookies.

 

  1. When you make a purchase from our Website, certain information is necessary to allow us to process your order. The information collected in an online transaction may include, but is not limited to, your name, credit card information, postal address, phone number, email address, and other demographic information. Payments are processed through a third-party payment processor. We do not store your credit card information, but our payment processor may store such information on its or another third party’s encrypted servers. We reserve the right to change payment service providers at any time with no notice to you. Because your privacy is of the utmost importance to us, we have taken steps to ensure that online transactions through our Website take place via encrypted secure servers. All the information you include and submit with your order is passed through encrypted secure servers.

 

  1. When you sign up to receive deals and news from us, we ask for basic information that includes, but is not limited to, your name, postal address, and email address. This information is used to personalize your emails and ensure that you receive relevant messages from us. You must be at least be the age of majority in your state to sign up for our email subscription and to receive our emails.

 

  1. Cookies are small data files that can be placed on your hard drive by websites that you visit. The only personal information that a cookie can contain is information that you provide to us personally. We use cookies to gather and store personal information that is collected when online transactions occur on our Website, as well as passwords and preferences (used for secure login) of partners visiting our Website.

 

Information Sharing and Disclosure. We will not rent, sell, lease, or share personal information about you with other organizations, except in response to subpoenas, court orders, or legal processes, or to establish and/or exercise our legal rights.

 

Children’s Policy. Our Website is not directed at anyone under the age of 13. If you are under the age of 13, you must ask your parent or guardian before you email this Website, register for any account at this Website, request that we send any information to you, or purchase any products at this Website. We will not contact children under the age of 13 about special offers or for marketing purposes without a parent’s or guardian’s permission. We do not knowingly collect personally identifiable information from children under the age of 13. If a child under the age of 13 has provided our website with personally identifiable information, we ask that a parent or guardian contact us.

 

Unsubscribe from Our Mailings and Emails. If you desire to unsubscribe from our emails, simply use the unsubscribe link. It is located at the bottom of our emails. If you wish to no longer receive our postal mailings, please contact us.

 

Changes to this Privacy Policy. We reserve the right to make changes to this Privacy Policy without advance notice.

 

Contact Us. If you have any further questions regarding our Privacy Policy, please contact us.

 

Last Revision Date: December 30, 2015