HOUSE OF WHOLESALING - TERMS OF SERVICE AGREEMENT
TABLE OF CONTENTS:
- Acceptance of Terms and Conditions
Important Information about the Services and House of Wholesaling
a. Scope and Limitation of Services
b. Use and Restrictions Related to the Services
c. Investment Warnings
d. Full Earnings Disclosure
e. Standard Marketing
Subscription Pricing and Payments
a. Free or Paid Trials
c. Billing Price & Changes
d. Billing Policy
f. Your Billing Account
g. Automatic Renewal
h. Billing Period
i. Billing Cycle
j. Payment Methods
a. Cancellation Policy
b. Annual subscriptions
c. Monthly subscriptions
d. Service Deactivations
b. Initial Product Purchases
c. In-App Purchases
d. Billing Disputes
Payment Processing and Taxes
7. Warranty Disclaimer
8. Services Content
9. Company Trademarks
11. Dealing with Other Users
12. Legal Requirements
13. Your Use of the Services
14. Linked Sites
15. Special Admonitions for International Use
17. Term & Termination
b. Termination without cause
c. Fees, Return of Data
Disclaimer of Consequential Damages
19. Limitation of Liability
20. Governing Law and Jurisdiction
24. Getting Information from Lenders
25. Procedure for Making Claims of Copyright Infringement
- Acceptance of Terms and Conditions
This Terms of Service Agreement governs your use of the website located at https://houseofwholesaling.com/ ( the “Site”), the House of Wholesaling mobile app (the “Application”), and your use of any other applications, widgets, tools, features, content (including without limitation videos and images), services and options available through the Site or Application or otherwise provided by House of Wholesaling. (“House of Wholesaling,” the “Company,” “we,” “us,” or “our”) in connection with the Site or Application (collectively with the Site and Application, the “Services”). By accessing, browsing, or using the Services or any pages of the Services, you are indicating that you have read and acknowledge and agree to be bound by this Terms of Service Agreement and any additional terms and conditions applicable to certain areas of the Services and posted by us in those areas of the Services, which are incorporated herein by reference (collectively, “Terms and Conditions”), and the Company’s Privacy Statement located at:
If you do not agree to every provision of these Terms and Conditions and the Company’s Privacy Statement, please do not access, browse or use the Services.
These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Services. You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions. By accessing, browsing, or using the Services following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Services for lawful purposes only in a manner consistent with all applicable rules, laws and regulations. Any use of the Services in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Services to review these Terms and Conditions.
- Important Information about the Services and House of Wholesaling
Scope and Limitation of Services
The Services provide a technology platform that functions as a social network forum to allow real estate enthusiasts to connect and communicate with one another. The Services allow users to establish contacts, make inquiries and receive information and education about real estate and related business opportunities.
Access to the Services is provided to users who agree to pay applicable subscription fees. House of Wholesaling is not involved in negotiating and is not compensated for any real estate or other transactions that arise out of interactions between users of the Services.
We are not a licensed real estate agent, a registered broker-dealer, or a licensed investment adviser, and we do not provide any kind of advice, including but not limited to tax advice, legal advice, accounting advice, or investment advice.
The Services are not provided to, and may not be used by, any user in a jurisdiction where they would be illegal, or where House of Wholesaling is not authorized to provide Services.
Use and Restrictions Related to the Services
The functionality of the Services might not be technically adequate to support legally binding contracts. You should not use the Services to execute any documents or instruments, or to make any offers or proposals that you intend to be legally binding.
If you post content that may be viewed as an offer of real estate or securities or as investment advice or recommendation, you do so at your own risk and with an implied representation and warranty to us that you are complying with all applicable laws. If we incur any damages because of your failure to comply with all laws, including but not limited to reasonable attorneys’ fees, you will be responsible.
Conversely, if other users post content that may be viewed as an offer of real estate or securities or as investment advice or recommendation, you acknowledge that the offer, advice, or recommendation comes solely from the other user, and not from House of Wholesaling. We do not vouch for or verify any information posted by users and you proceed at your own risk.
We are not responsible for User Content (as defined in Section 15) or for any losses you incur dealing with other users.
We may from time-to-time list investment opportunities on the Site, including but not limited to links from other websites. However, we do not make recommendations regarding the appropriateness of a particular opportunity for any investor. We are not investment advisers. Users of the Site must make their own investment decisions, either alone or with their personal advisors. You acknowledge that you are not relying on us in making investment decisions.
Real estate is notoriously speculative and unpredictable. For example, many very experienced, very informed people lost money when the real estate market declined in 2007 through 2008. When the real estate market is healthy, as it was from 2003 through 2006, it appears that it will be healthy forever, but time after time history has shown that the real estate market goes down without warning, sometimes resulting in devastating losses. You should invest in real estate in general, and in opportunities listed at the Site in particular, only if you can afford to lose your investment and are willing to live with the ups and downs of the real estate industry.
Full Earnings Disclosure
House of Wholesaling (The Company) does not guarantee income or success, and examples shown at houseofwholesaling.com do not represent an indication of future success or earnings. The Company declares all information provided directly by Company is true and accurate, and any claims made of actual earnings or examples of actual results can be verified upon request.
The earnings, revenue, and profit results that a customer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that earnings, revenues, or profits may not be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.
House of Wholesaling is a social media platform designed to connect real estate investors. Any income or product claims made by members, or third parties have not been verified by House of Wholesaling. House of Wholesaling allows third parties to advertise on the site, these are not company endorsements.
Company reserves the right to use Customer name and credentials in an appropriate and acceptable manner for standard marketing promotions including email promotions. Acceptable and standard marketing promotions include but are not limited to: Client listings, press releases, surveys, interviews, reputable business publications, television, radio and website presentation and promotion, etc. Please provide written instructions to email@example.com if you would like to be removed from any marketing or promotions from Company.
- Subscription Pricing and Payments
Free or Paid Trials
If you receive a free or paid trial subscription for any of the Services, you will receive free or paid access to that Service for the duration of the free or paid trial period. If you cancel the subscription during the free or paid trial period, you will not be billed further. If you do not cancel during the free or paid trial period, you will be billed at the end of the free or paid trial period for the first period of the subscription that you purchased at prevailing rates, which will commence at the end of the free or paid trial period. Access to free or paid trials may be limited to a certain number of free or paid trials for each user during a given period. To avoid any charges, you must cancel BEFORE the end of the trial period; for more information on canceling subscriptions, see Section 4.
Auto-recurring subscriptions to Services (whether monthly, annually or any other billing cycle) renew automatically, unless you cancel the subscription BEFORE the end of the applicable billing cycle. The auto-subscription holder is responsible for tracking and managing their respective auto-subscription billing and renewal cycles. House of Wholesaling may or may not not send advance billing notifications on auto-subscriptions.
If you purchase an auto-recurring periodic subscription to a Service you may cancel that subscription in accordance with this Section 4 at any time BEFORE the end of the applicable billing cycle, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You WILL NOT receive a refund or a partial refund for the current billing period subscription, whether on a monthly, annual or any other billing cycle.
Phone calls, voicemail messages, text messages, or chat messages are not an acceptable mechanism for submitting cancellation requests and will not result in cancellation of any Service or the respective charges associated with that Service.
Pricing & Changes
House of Wholesaling displays the pricing for the Services on the Site or Application, as applicable.
Users of the Services can purchase several types of subscription plans (each, an “Account”) allowing you to access those portions of the Services described under each plan. You will be charged a subscription fee for the use of these Services. House of Wholesaling reserves the right to change the fees at any time, upon notice to you. The increase will apply to the next payment due from you after the notice, if you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
By registering for an Account, you agree to pay House of Wholesaling the fees for the services applicable to the account level chosen. For any upgrade or downgrade in subscription plan level, the credit card that you provided will automatically be charged at the new rate immediately. We may suspend or cancel the license or services if we do not receive an on-time, full payment from you. Suspension or cancelation of the Services for nonpayment could result in a loss of access to and use of your account.
Billing Policy Company has adopted the following billing policy all customers must comply with: All accounts are set up on a prepay basis. Payment must be received by Company before any product or services are activated. Accounts to be paid by check must prepay six months service in advance. All International clients must pay by credit card. Company does not accept PayPal or international checks. Customers are responsible for keeping all credit card information current. All changes must be communicated to House of Wholesaling including changes to credit card type and expiration date, as well as a current email address. All recurring charges are automatically generated, invoiced, and charged to the credit card on file according to contractual agreement. This includes monthly and yearly charges. Charges are based on availability of products and services, not usage. Invoice and payment receipts are available to customers upon request.
By providing House of Wholesaling with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize House of Wholesaling to charge you for the licenses and services using your payment method; and (iii) authorize House of Wholesaling to charge you for any paid add-ons (e.g. Direct Mail, etc.) that you choose to purchase while this Agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services.
Your Billing Account
To pay the charges for the license and services, you will be asked to provide a payment method at the time you sign up for that service. Additionally, you agree to permit House of Wholesaling to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You agree to always keep your billing account information current. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
Provided those automatic renewals are allowed in your country, province, or state, we may inform you by email before automatically renewing your Services. We may automatically renew your license and services and charge you the then current price for the renewal term. You must cancel the Services before the renewal date to avoid being billed for the renewal.
Billing periods begin upon invoicing. Each customer is committed to the remaining term of the billing period and no refunds will be given. Customers are not required to use services during the period.
All credit cards are automatically charged on the customer’s specific billing cycle date. If the credit card is declined, House of Wholesaling will attempt to charge the card on file for ninety days.
Company accepts payments via credit or debit card, and occasionally by check. Payment by check is on a per customer basis and must be agreed to by Company. Checks must be paid in US dollars and issued from a US bank. Company currently accepts American Express, MasterCard, Discover, and Visa credit cards. Company does not currently accept PayPal.
- Service Cancellations
As a House of Wholesaling customer, you can cancel your account at any time without any termination charges or fees. You will not receive a refund for billing that has already occurred, except in the specific instances described below. House of Wholesaling will not prorate any return for unused service and all outstanding invoices must be paid in full. By using House of Wholesaling, each customer understands and agrees to this cancellation policy and understands that while no refund will be issued, customers are always free to keep accounts open for access for the full amount of time billed.
If you submit your cancellation request within the first 30 days following your initial billing, you are eligible for a refund of all charges for the service, minus the respective undiscounted monthly fee for your first month’s subscription. If you submit your cancellation request more than 30 days after your initial billing, your subscription will remain active until the end of your current 12-month billing period. You will not receive a refund and you will not be billed for the service again.
Once cancelled, your subscription will terminate at the end of the latest monthly billing period for which you have previously been charged. No further charges will be applied, and no refunds for unused time will be made. House of Wholesaling may use an outside collection agency to collect any unpaid balances.
We reserve the right to deactivate your access to the Services for your failure to pay applicable fees, including payment plans, or for violations of these Terms and Conditions. If you provide us with a credit card that expires during the term of these Terms and Conditions, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay House of Wholesaling in the event of any refusal of your credit card issuer to pay any amount to House of Wholesaling for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, House of Wholesaling may immediately suspend or terminate your access to any or all of the Services.
All recurring subscription fees for all apps, services and content are paid in advance and are non-refundable, except as otherwise provided in this Section. There will be no refunds or credits for partial months of service (aside from the above-mentioned annual subscription cancellation policy), upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted for non-payment, refunds for accounts that have had upgrades cancelled for any reason, including violations of these Terms and Conditions, or refunds for months of unused service.
Initial Product Purchases
All refund requests must occur in writing and be documented by House of Wholesaling within the stated refund period. After the indicated return window, sales will be considered FINAL AND NO REFUNDS WILL BE GRANTED. There will be no exceptions made to this policy.
There are NO REFUNDS for any apps, content or services that are immediately available for download upon purchase, with the exception of purchases of certain courses.
From time to time, we may offer products and services for purchase (“In-App Purchases”) through iTunes, Google Play, or other application platforms authorized by us (each, a “Software Store”). If you choose to make an In-App Purchase, you will be prompted to enter details for your account with your Software Store (your “IAP Account”), and your IAP Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for In-App Purchases that apply to your IAP Account.
If you purchase an auto-recurring periodic subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, OR if you want to change or terminate your subscription, you will need to log in to your IAP Account and follow instructions to cancel your subscription, even if you have otherwise cancelled your account within the House of Wholesaling platform or deleted the H.O.W. App from your device.
As a current or prior customer of Company, each customer agrees to provide Company thirty days to attempt settlement of any billing dispute before disputing with any third party, credit card company or bank. Company must be the first option in billing disputes. Should Company receive a chargeback or other reversed charge from a third party, Credit Card Company, or bank on the customer’s behalf before Company has been given a chance to resolve the issue, Company has the right to collect on the rendered services and any fees associated with those disputes.
Not all billing disputes may be settled to a customer’s satisfaction. Once Company has been given first right to settle a billing dispute, a customer may then use any third party, Credit Card Company, or bank in an attempt to settle the dispute. However, Company still retains the right to collect on any rendered services or fees that are due. Should Company be unable to reverse any disputed amounts with a third party, credit-card company, or bank, Company will submit the full delinquent amount to a third-party collection service and all access to content and services will be restricted.
- Payment Processing and Taxes
House of Wholesaling may make available to your various payment-processing methods to facilitate the purchase of the Services. You must abide by any relevant terms and conditions and other legal agreements, whether with House of Wholesaling or a third party, that governs your use of a given payment processing method. House of Wholesaling may add or remove payment-processing methods at its sole discretion and without notice to you. You agree to pay for any Services that you order and that House of Wholesaling may charge your credit card or other form of payment that you indicated for any Services ordered, along with any additional amounts. You agree that you are solely responsible for all fees associated with purchases you make through the Services.
You are responsible for any Taxes and must pay House of Wholesaling for Services without any reduction in payment for any Taxes. If House of Wholesaling is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide House of Wholesaling with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to House of Wholesaling, you must provide House of Wholesaling with an official tax receipt or other appropriate documentation to support such payments. “Taxes” means any duties, custom fees, or taxes (other than House of Wholesaling income tax) associated with the sale or license of Services, including any related penalties or interest.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND ANY CONTENT, PRODUCTS, SERVICES, OR FEATURES MADE IN CONJUNCTION WITH OR THROUGH THE SERVICES SHALL BE AT YOUR SOLE RISK AND UNLESS OTHERWISE EXPRESSLY STATED BY HOUSE OF WHOLESALING, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE OF WHOLESALING , ITS AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COMPLIANCE WITH UNITED STATES FEDERAL AND STATE SECURITIES OR BLUE SKY LAWS OR REGULATIONS, SECURITIES EXCHANGE OR SELF-REGULATORY ORGANIZATION’S RULES OR REGULATIONS AND EQUIVALENT LAWS OR REGULATIONS IN FOREIGN JURISDICTIONS, CORRECTNESS, ACCURACY AND RELIABILITY.
HOUSE OF WHOLESALING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES AND HOUSE OF WHOLESALING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION YOU PURSUE WITH OTHER USERS OR THROUGH THE USE OF THE SERVICES.
HOUSE OF WHOLESALING AND ITS AFFILIATES HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU AND WITHOUT LIMITING THE FOREGOING, MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE MERITS AND RISKS OF ANY TRANSACTION YOU PURSUE WITH OTHER USERS OR THROUGH THE USE OF THE SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Services Content
The Services and all material contained therein, all text, graphics, Applications, Images (as defined in Section 10) and other works, the design and coding, all computer programs used and licensed in connection with the Services, the business process, procedures, methods and techniques used in or in connection with the Services, the look and feel of the Services, and all data and reports generated by the Services (collectively, the “Services Content”) are owned by us or a third party. These materials are protected under copyright, trademark, and other laws. You may not copy, download, transmit, modify, distribute, or republish the Services or any portion of the Services, including without limitation any of the Services Content without the prior written consent of Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Services or any Services Content. Use of any Services Content is prohibited without the prior written permission of Company.
If you comply with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable right to access and make personal, non-commercial use of the Services in compliance with these Terms and Conditions. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Services or Services Content; (ii) engage in any activity that interferes with or disrupts the Services or Services Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms and Conditions. All rights not expressly granted herein are reserved.
- Company Trademarks
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:
H.O.W. Logos are registered, and unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third party. The absence of a name, trademark or logo in this list does not constitute a waiver of all intellectual property rights that Company has established in any of its goods, services, names, or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Services are the property of Company or third parties and shall remain the property of Company and such third parties. Nothing contained in the Services shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark. Your misuse of any such Mark, or any other Services Content, is strictly prohibited.
Each registration, whether it be for our Site or Services, is for a single user only. You may not create an account for another individual or entity or allow another individual or entity to use your account on your behalf. In consideration of your use of the Services, you agree to provide accurate, current and complete information about yourself, or your company as requested on the Services registration form and to maintain and promptly update the information (including, in particular, your email address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms and Conditions, you represent and warrant that you are 18 years of age or older and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
Any changes to your registration information should be made on the Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.
In connection with registering for the Services, you may receive a password for your use of the Services. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account. You will close the browser window for the Services at the end of each use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 11.
- Dealing with Other Users
The Services may allow you to correspond or otherwise interact with other users who may provide you with investments, investment information, advice, services and/or events, or provide you with other information about various companies or organizations. You acknowledge that such other users are not affiliated with or controlled by House of Wholesaling or its affiliates, and House of Wholesaling cannot influence the investments, information, advice or services provided by them. Your correspondence or interaction with other users is solely between you and such other users. You agree that House of Wholesaling and its affiliates, officers, directors, partners, agents, and employees will not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions between you and other users.
Furthermore, if you provide any investments, information, advice or services to other users through the Services, you acknowledge that you are not affiliated with, or controlled or influenced in any way by, House of Wholesaling or its affiliates. House of Wholesaling is under no obligation to become involved in disputes between users of the Services or arising from use of the Services, or between users of the Services and any third party. In the event of a dispute, you release Company and its Affiliated Entities and successors and assigns from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and such services.
If you are a California resident, to the extent allowed by applicable law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Legal Requirements
Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Services where it is legally compelled to do so.
Please see the Company’s Privacy Statement located at: https://houseofwholesaling.com/privacy-policy for additional information relating to the privacy and security of information collected hereunder.
- Your Use of the Services
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, email or otherwise transmit (“Transmit”) in connection with the Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, dishonest or misleading, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Services to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including email addresses, about other users of the Services; (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriate any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Services; (e) interfere with the Services or servers or networks used in connection with the Services; (f) interfere with the ability of others to use the Services; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes, any portion of the Services, the Services Content or any User Content contained therein; (h) conduct your business using the Services in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Services or the Services Content without Company’s prior written permission; (j) include in any thirty party website any hypertext link to any page or location within the Services without Company’s prior written permission; (k) mirror or display the Services or any portion thereof in frames without Company’s prior written permission; (l) download, reproduce, duplicate, copy or otherwise exploit any portion of the Services for the purpose of sale, resale or making other commercial use thereof; or (m) impersonate any person or entity, including, but not limited to, other users of the Services, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public. With respect to User Content that you Transmit to the Services, you grant Company a perpetual, worldwide, royalty-free, non-exclusive transferable, sub-licensable (through multiple tiers) license to use, copy, excerpt, reproduce, display, aggregate, de-identify, publish, modify, distribute and create derivative works of such User Content in any form or media, and to allow others to do so, however, Company will only share personally identifiable information that you provide in accordance with Company’s privacy statement at: https://houseofwholesaling.com/privacy-policy As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.
Company does not and cannot verify the identity of all registered users of the Services, review all User Content posted to the Services, or created by users accessing the Services, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Services, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Services. However, Company reserves the right to block, remove, move, or edit any of the submissions in its sole discretion.
- Linked Sites
Company has not reviewed all the websites linked to the Services and is not responsible for the content of any third-party pages or any other websites linked to the Services. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Company. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Company reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Company. Company has no control over these linked websites and makes no representations or warranties with respect to these linked websites. You’re viewing and use of any third-party websites is at your sole discretion and risk.
- Special Admonitions for International Use
All matters relating to the Services are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. Accessing the Services is prohibited from territories where the Site, Services or any content thereon is illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify and hold harmless Company and its Affiliated Entities from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from (i) your use of the Services, (ii) your interactions with other users of the Services, (iii) any User Content that you Transmit to or through the Services, including without limitation any intellectual property, (iv) any violation of these Terms and Conditions by you, (v) your non-compliance with any federal, state, or local law or regulation, or (vi) any other act or omission by you, including your violation of any rights of another, arising from your use of the Services.
- Term & Termination
You may terminate your use of the Application at any time for any reason by uninstalling the application from your mobile device. You may delete your account by contacting us at: firstname.lastname@example.org
You acknowledge and agree that Company may terminate your account or access to use of the Services for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Company may terminate your access to and use of the Services without prior notice and without any liability to you or any third party. You acknowledge and agree that Company may modify, limit, suspend or discontinue the Services or any part of the Services at any time, without notice or liability to you. Company may also, from time to time, establish general rules and policies regarding use of the Services. Company will post such rules and policies on the Services, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Services.
Company shall have no liability or responsibility with respect to any lost Services Content, User Content, or other data, such as the deletion of or failure to store Services Content, User Content, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Services shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). Company reserves the right to, but has no obligation to, store or keep copies of any Services Content, User Content, or other information, unless otherwise required by law or court order.
The term of this Agreement begins on the Date the Customer first accessed the House of Wholesaling service and shall continue as long as the Customer has access to the House of Wholesaling product(s), until terminated as provided for in this Section.
Fees, Return of Data
In the event of termination or expiration of this Agreement, all Fees due and payable to Company must be paid in full. At Company’s election, upon its receipt of all such Fees, or after notice of intent to terminate has been received by the Customer from House of Wholesaling, House of Wholesaling will make all company Data available for a period of 30 days and then remove Customer from the environment.
- Disclaimer of Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ANY RELATED PRODUCTS OR SERVICES OR THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
- Limitation of Liability
THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SERVICES. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
- Governing Law and Jurisdiction
Company operates the Services from its offices in North Carolina, U.S.A. These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the United States, shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Wake County, North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by email to the address you have submitted on the Services, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact: House of Wholesaling, 3219 E. Camelback Rd. #333, Phoenix, AZ 85018.
Any notices to you may be made via either email or postal mail to the address in Company’s records or via positing on the Services.
Please report any violations of these Terms and Conditions to Company at the contact listed above.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect. No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Services. Company’s failure to enforce a particular provision of these Terms and Conditions does not mean that Company waives the right to enforce it in the future; Company shall waive such a right only in writing.
These Terms and Conditions and all other written agreements duly executed between you and Company in connection with your use of the Services constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.
- Getting Information from Lenders
The Services might allow you to get information from, and/or be contacted by, lenders. If so, we will have you complete a separate form on the Site for that purpose. You understand that (a) we are not a lender ourselves, nor a mortgage broker; (b) the information you submit will not be treated as a loan application for purposes of the Real Estate Settlement Procedures Act; (c) by submitting information you are giving us permission to forward the information to lenders, and for lenders to contact you; (d) lenders may provide us with information concerning your loan; (e) we are independent of any lender who contacts you; (f) we do not guaranty that the lenders who contact you will offer the best terms available, or even competitive terms; (g) we do not guaranty that the information provided to you by lenders will be accurate; (h) should you submit an application to a lender, you proceed at your own risk, and will not hold us responsible for any claims you might have against the lender, including but not limited claims for fraud; and (i) we might also provide the information you give us, including your name and email address, to other service providers (not just to lenders), such as title companies or insurance agencies.
- Procedure for Making Claims of Copyright Infringement
We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Services infringes your copyright, please provide our copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) A description of the copyrighted work that you claim has been infringed.
(c) A description of where the material that you claim is infringing is located on the Services.
(d) Your address, telephone number and email address.
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:
House of Wholesaling, 3219 E. Camelback Rd. #333 Phoenix, AZ 85018
Terms of Service Last Updated: Sept 2, 2021