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 BiggerPockets ® Terms of Service (TOS)
Updated: 9/12/09
Thank you for visiting BiggerPockets, the premiere real estate community portal and social networking site. BiggerPockets is owned and operated by BiggerPockets, Inc. ("BiggerPockets.com," "we,"BP" or "us").
It is of vital importance to BiggerPockets that our membership is protected. In order to accomplish this, we have created this Terms of Service (TOS) document as well as our Privacy Policy.
- Acceptance of Terms of Service
By visiting and accessing www.BiggerPockets.com or any other subdomain of the site, you signify that you have read and agree to be bound to these Terms of Use, regardless of whether or not you are a member of the site.
These Terms of Service (TOS) may at any time, and at our discretion, be modified. You can review the most current version of the TOS at any time at: http://www.biggerpockets.com/terms.html. It is your responsibility to read these Terms and comply with them. If this page is altered and you continue using the site (whether or not you are aware of the changes), this means that you are continuing to accept these new Terms of Use. Additionally, when you use a particular service of BiggerPockets, you are subject to any and all guidelines posted and applicable rules (including but not limited to our forum/site rules) and regulations regarding such services which we may post from time to time. The TOS incorporates all such rules, regulations and guidelines.
Whether you agree with the current TOS or any future revisions or not, your use of the site means you have accepted responsibility to complying with the TOS. If you do not agree with any provision of the TOS, then you should not use this site.
- Your obligations as a member of BiggerPockets
In order to use the BiggerPockets service you agree to a number of things:
a)that you will provide true, accurate and complete information about yourself as required by the Service's registration form--the "Registration Data."
b)that you will promptly update the Registration Data in order to keep all the information it contains, true, accurate and complete.
c)that should you knowingly or unknowingly provide any information that is not in keeping with your agreement to keep all your Registration Data true, accurate and complete, as well as current, BiggerPockets will have the right to suspend or terminate your account at any time, and without advanced notice, as well as refuse you the use of all current of future BiggerPocket services, or any portion thereof.
- Member account, password, and security
Once you complete the Services registration process, you will be prompted to select a username and password. You and you alone are responsible for anything that occurs under that password, whether you had knowledge or not of the activity conducted using your password.
In the event you become aware of any unauthorized use of your password or account, or any breach of security, you agree: a)that you will immediately notify BiggerPockets of such unauthorized use of breach of security. To minimize the chance that any unauthorized use is made of your password, or that there be a breach of security, you agree: i)that you exit your account at the termination of each session ii) that you will take special care to exit your account when using any public computer or computer that is part of any network.
Should you fail to perform any of the stipulated rules and regulations as regards the use of your password or breach of security, you agree: a)that BiggerPockets cannot and will not be liable for any loss or damage that should arise from your failure to comply.
- Member Conduct
When you use BiggerPockets and any of its services that exist now or that shall exist in the future, you agree : a)that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") are the sole responsibility of the person from which the Content originatedwhether publicly posted or transmitted privately b)that you and not BiggerPockets are entirely responsible for all Content you upload, post, email, transmit or otherwise make available using the Service c)that BiggerPockets has limited control of the Content posted via the Service d)that BiggerPockets does not guarantee the accuracy, integrity or quality of any such Content.
By using the Service, you understand: a) that you may be exposed to Content that is offensive, indecent or objectionable b) that BiggerPockets will not be liable for any Content in any way, including, but not limited to, errors or omissions. c) that BiggerPockets will not be liable for any loss or damage of any kind that might be incurred by your use of any Content posted, emailed, transmitted or otherwise made available by the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm members or non members in any way;
- impersonate any person or entity, including, but not limited to, a BiggerPockets staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
Be advised that by using BiggerPockets and its services in any way or form, you are acknowledging that BiggerPockets may not pre-screen Content, but that, nevertheless, BiggerPockets and its designees shall have the right but not obligation- in their sole discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, BiggerPockets and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable in any way.
You further agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy,completeness, or usefulness of such Content. In this regards, you also acknowledge that you may not rely on any Content created by BiggerPockets or submitted to BiggerPockets.
You acknowledge and agree that BiggerPockets may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BiggerPockets, our members and the public.
- International Use
BiggerPockets recognizes that the Internet is global in nature . . . and, as such, you acknowledge the same and agree to: a)comply with all local rules regarding online conduct and acceptable Content b)specifically comply with all applicable laws regarding the transmission of technical date exported from the United States or the country in which you reside.
- Materials submitted or made available for inclusion on the service
BiggerPockets does not and will not claim ownership of Content you submit or make available for inclusion on and use by the Service, except where it is otherwise noted (e.g. forums, BiggerPockets blog [not to be confused with member blogs]). However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BiggerPockets the following world-wide, royalty free and non-exclusive license as applicable:
With respect to Content (including text, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Contentin whole or in partand to incorporate such Content into other works in any format or medium now known or later developed.
By submitting Content (including text, photos, graphics, audio or video) to BiggerPockets, you understand that third-party Search Engines may index that content. Any Content you do submit is done at your own risk, with the understanding that it may be distributed throughout search engine results, and search engine caches. If you do not want your Content to be crawled by the Search Engines, do not submit it to BiggerPockets.
BiggerPockets offers a feature which allows users to make portions of their profile private to the public Internet. Users may opt-in or opt-out of this feature, however BiggerPockets does not warrant how third-party Search Engines will update their results or their cache.
- Links
BiggerPockets or third parties may provide links to other World Wide Web sites or resources. Be advised that BiggerPockets has no control over such sites and resources and, as such, you acknowledge and agree that BiggerPockets is not responsible for the availability of such external sites or resources and does not endorse and it not responsible or liable for any Content, advertising, products, or other material on or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You further acknowledge and agree that BiggerPockets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Email
When you sign up for membership on BiggerPockets.com, you are asked to supply your email address. By registering for the site and providing your email address, or by signing up directly for our email list, you consent to BiggerPockets, Inc. sending you email communications.
By providing us with your email address through registration or our opt-in list, you consent to our use of the email address to send you periodic service-related notices, including those required by law. You may not opt out of these service-related e-mails. We do reserve the right to use your email address to send you other messages, including feature updates, auto-generated emails from various portions of the site (which you can opt-out of from your dashboard), periodic newsletters, and other opportunities. If you do not want to receive these email messages, you can opt out by emailing webmaster@biggerpockets.com.
Scraping or gathering email addresses from BiggerPockets (including member addresses and emails associated with the BiggerPockets website as well) for the purpose of sending commercial email is prohibited and will result in a) the removal of a member from the service, b) your email being reported to the FTC for violations of the CAN-SPAM Act, and c) your permanent ban from BiggerPockets of any IP associated.
- Indemnity
By using BiggerPockets or any of its services, you agree to indemnify and hold BiggerPockets and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.
- General Information
These Terms of Service constitute the entire agreement between you and BiggerPockets, and govern your use of the Service, superceding any prior agreements between you and BiggerPockets. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BiggerPockets shall be governed by the laws of the United States and State of Colorado. You and BiggerPockets agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Denver, Colorado. The failure of BiggerPockets to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
- Modifications to Service
BiggerPockets reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BiggerPockets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Fees and Payments
BiggerPockets members can elect to upgrade their account to a PRO Account, where they are charged a subscription fee for the use of certain Services. BiggerPockets reserves the right to change the Fees at any time, upon notice to you. By registering for a Pro Account, you agree to pay BiggerPockets the Fees for the Services applicable to the account level chosen. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. We reserve the right to deactivate your access to the Services for your failure to pay applicable fees. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay BiggerPockets in the event of any refusal of your credit card issuer to pay any amount to BiggerPockets for any reason. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, BiggerPockets may immediately suspend or terminate these Terms and your access to any or all of our Services.
Your PRO subscription will renew automatically, unless you terminate it at http://www.biggerpockets.com/upgrades OR if we terminate it for a violation of these Terms. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
The only accepted method for you to cancel your paid subscription to the BiggerPockets is via the account settings available through your Pro Account as mentioned in the prior paragraph. An email or phone request to cancel your account is not considered cancellation. You can cancel your Pro Account at any time when you are logged into your BiggerPockets Pro Account by going to your account preferences and using the "Please cancel my BiggerPockets Pro account" link. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Termination
You agree that BiggerPockets, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BiggerPockets believes that you have violated or acted inconsistently with the letter or spirit of the TOS. BiggerPockets may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice; this goes for all account types, including upgraded PRO Accounts. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BiggerPockets may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that BiggerPockets shall not be liable to you or any third-party for any termination of your access to the Service.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIGGERPOCKETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. BIGGERPOCKETS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIGGERPOCKETS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIGGERPOCKETS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIGGERPOCKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- Violations of Terms
Please report any violations of these Terms to us by email or phone.
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