Intellivest Holdings, LLC ("Intellivest") provides users with access to a collection of webServices, resources, data, software, tools and mobile apps (collectively, the "Service") under the “Flip and Hold App” name. The services that we provide are subject to the following Terms and Conditions of Use ("T&C"), which we may modify by posting revised T&C on our webService(s) including, without limitation, any mobile Service (collectively, the "Service") from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Service shall be subject to this agreement in addition to any T&C applicable to particular services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms and Conditions of Use at http://www. flipandholdapp.com.
When you visit and use any Service within the Flip and Hold App family of webServices or when you register for a new Flip and Hold App account, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract. If you do not wish to be bound by this agreement, please refrain from using our services, accessing our webServices or mobile application, or registering for a Flip and Hold App account. By submitting your contact information to Intellivest, you agree that Intellivest may contact you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: INTELLIVEST PROVIDES THE SERVICE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL. THE INFORMATION PROVIDED BY THE SERVICE IS DEEMED TO BE ACCURATE BUT INTELLIVEST CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, INTELLIVEST EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES REGARDING THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS, LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY, OR USEFULNESS OF INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED THROUGH, OR IN CONNECTION WITH, THE SERVICE. INTELLIVEST DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FORCONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
INTELLIVEST AND ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, INVESTORS, ASSIGNS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELLIVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
INTELLIVEST BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF INTELLIVEST, ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As consideration for using the Service, you understand and agree that Intellivest may display advertisements and provide links to third-party content and webServices over which Intellivest has no control. Intellivest takes no responsibility for any content, advertising or products from third party service providers, including any content considered harmful, objectionable, inappropriate or offensive, and Intellivest does not endorse or guarantee the availability of such third party services. You agree that Intellivest shall not be liable for damage of any sort incurred as the result of your dealings with advertisers or of your use of third-party goods or services.
When using the Flip and Hold App Service, you agree:
Intellivest reserves the right to restrict, disable, suspend or terminate your account and refuse any and all current or future use of the Service without prior notice and for any reason. Intellivest also reserves the right, but bears no obligation, to monitor, screen, and remove any content available through the Service.
You must be eighteen (18) years of age or older to use the Service, and you must have all necessary right, power and authority to enter into these T&C and to perform the acts required hereunder.
From time to time Intellivest may advertise and offer the Service at lower promotional rates. Any such rates may be made and/or withdrawn at any time, with or without notice, in Intellivest’s sole and absolute discretion. Any promotional rates, and advertising thereof, shall be deemed to be void and withdrawn to the extent that such rates, and/or advertising thereof, would otherwise violate applicable state or federal law (including, without limitation, the advertising and real estate regulations in any state). It is your responsibility to review the specific qualifying requirements for any advertised promotional rate since such rates may or may not apply to your use of the Service. If you do not meet such requirements (or are otherwise ineligible, for example, because such promotional rate, and/or advertising thereof, would otherwise violate applicable law) then you agree to pay the regular non-promotional rate(s) for the services provided by Intellivest.
All content and compilations included on the Service, such as text, graphics, logos, buttons, images, audio, video, charts, graphs, data compilations, and software, are the property of Intellivest (and/or its licensors and suppliers) and are protected by U.S. and international law.
“Flip and Hold App”, the Flip and Hold App logo and other marks indicated on the Service are trademarks of Intellivest. Other graphics, logos, buttons, or service names are trademarks or trade dress of Intellivest or its affiliates.
Pending patents may apply to the Intellivest webService(s) and the Intellivest Service.
Intellivest does not claim ownership in the Content you Make Available on the Service, including any text, data, information, images, photographs, music, sound, video or other material ("Your Content"). However, if you submit Your Content to Intellivest, you grant Intellivest and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, alter, modify, adapt, publish, translate, distribute, display, create derivative works from or otherwise Make Available Your Content throughout the world in any media. By submitting Your Content to Intellivest, you agree to indemnify Intellivest for all claims arising from Your Content and to abide by the policies above concerning Your Conduct.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Intellivest or the Service. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own webServices and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non- exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against Intellivest and the users of the Service any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and Intellivest, you own Your Content. We own all other content (the "Intellivest Content"), including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and any third party content including, without limitation, content from our licensors and suppliers (such content "Third Party Content"). Except with respect to Third Party Content, we also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Intellivest Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Intellivest Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Intellivest Content are retained by us (and our licensors and suppliers, as applicable).
Intellivest and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content does not necessarily reflect the opinion of Intellivest. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Service to:
Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
Promote a business or other commercial venture or event, except as expressly permitted, in writing, by Intellivest;
Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party webService;
Solicit personal information from minors, or submit or transmit pornography; or
Violate any applicable law.
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, assign, sublicense, lease, loan, rent, timeshare, otherwise transfer or in any way exploit the Service or any content on the Service (other than Your Content) (the "Service Content"), except as expressly authorized by Intellivest;
Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
Reverse engineer any portion of the Service;
Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
Record, process, or mine information about other users;
Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Intellivest's technology infrastructure or otherwise make excessive traffic demands of the Service;
Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content;
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service;
Write or develop, or have written or developed, any software or program based on (i) the products or services provided by Intellivest (and/or our licensors and suppliers), or (ii) any confidential information of Intellivest (and/or our licensors and suppliers).
In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact Intellivest at:
Please include the following information with your claim:
You agree to defend, indemnify and hold harmless Intellivest, its officers, directors, investors, employees, contractors, agents, successors, assigns, information providers, licensors, subsidiaries and affiliates from any and all claims arising from, or in any way related to, your use of the Service. Intellivest reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Intellivest, and you agree to cooperate with our defense of these claims.
The T&C constitutes the entire agreement between you and Intellivest and governs your use of the Service, superseding any prior agreement(s). An electronic version of this agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents generated in printed form.
The T&C shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Intellivest consent to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Utah.
The failure of Intellivest to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
If any provision of the T&C is found by a court of competent jurisdiction to be invalid, you and Intellivest nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the T&C shall remain in full force and effect. However, you and Intellivest agree that courts should not give legal or contractual effect to the section titles themselves.
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 T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Intellivest as a result of this agreement. You also agree that there are no survivorship rights or third party beneficiaries to this agreement.
Under no circumstances shall Intellivest be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or other forces beyond its reasonable control, including, without limitation, fires, floods, storms and acts of God.