Welcome to Flexible. We are a real estate partner, owner, operator, tenant, lender, and educator that empowers property owners to question conventionality and transact with ease on terms that meet their goals.
ALL PROPOSALS OR OFFERS BY, ON OR THROUGH THE SERVICES ARE PRELIMINARY, NON-BINDING AND SUBJECT TO ADDITIONAL DUE DILIGENCE AND CAN BE REVOKED AT ANY TIME. THE SERVICES DO NOT INCLUDE, CREATE OR CONSTITUTE ANY BINDING OFFER OR OBLIGATION TO BUY, LEASE, SELL OR TRANSACT IN REAL PROPERTY. ANY SUCH TRANSACTION MUST BE GOVERNED BY A SEPARATE WRITTEN CONTRACT, WHICH IS NOT PART OF THESE SERVICES AND WHICH IS NOT GUARANTEED TO BE EXECUTED.
FLEXIBLE IS NOT ENGAGED IN RENDERING LEGAL, TAX OR OTHER PROFESSIONAL ADVISORY SERVICES. IF YOU NEED SUCH ADVISORY SERVICES, INCLUDING BUT NOT LIMITED TO REVIEW OF AGREEMENTS, YOU SHOULD SEEK THE ADVISORY SERVICES OF A COMPETENT PROFESSIONAL.
The Services are for US residents aged 18 or over. You must discontinue use of the Services if you do not qualify. We reserve the right to refuse to provide Services to anyone in our discretion at any time. You agree to comply with all applicable laws, rules and regulations in using the Services. We may restrict the Services to registered users and create registration requirements. You agree to provide accurate, complete and truthful information in connection with any registration and to update the information if it is no longer correct. Your account is non-transferrable and you are not allowed to assign, sell or transfer it. You are responsible for keeping your account activity, information and password confidential. You are responsible for all activity that takes place on your account. You agree to notify us firstname.lastname@example.org if you become aware of any suspicious or unauthorized access to or use of your account.
When you access the Services, we are granting you a license. This is a limited, non-exclusive, non-transferable license solely to access and use our Services as intended on this web site. You are not permitted to sublicense or assign this license, or transfer it to anyone. If you attempt to do so, such attempt is void. Your use of the Services must be in accordance with these Terms. You are prohibited from using the Services in any way that is not permitted under these Terms, and we reserve all rights that are not granted hereunder. All Content is the property of Flexible. Our Content, including any content provided to us by third parties, is protected by U.S. and international intellectual property laws and treaties. You are only allowed to use the Content pursuant to these Terms. You are not permitted to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. Nothing in these Terms grants you any license or right to use our Content except as expressly stated in this Terms. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to email@example.com.
“User Information” consists of data and other information made available to us through the use of the Services under these Terms. You warrant and represent to us that you have all rights, title, and interests necessary to provide such information to us and that your provision of the information to us does not infringe any third party’s proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret, or violate any applicable laws, rules or regulations. You acknowledge that all transmission of information may take place in an insecure medium and security of information transmitted through the Services can never be guaranteed and, accordingly, we are not responsible for any interception or interruption of any communications through the Services or for changes to or loss of User Information in connection with the Services. If you submit a property listing, testimonial, comment, review, suggestion, or any work of authorship, including, without limitation, submissions about any of our products or services (“Submission”), such Submission will not be confidential or secret, and may be used by us in any manner. Do not submit or send any Submission to us that you consider contains confidential or proprietary information. We do not pre-screen Submissions and we will have no obligation to read any particular Submission submitted or sent to us. By submitting or sending a Submission to us, you: (a) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any moral rights in such Submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name. If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance. If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated any notices we provide, the notices will become effective immediately.
You shall not: (a) access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or other competitive purposes, (b) reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to derive or create, or assist anyone else to derive or create, the source code of any software provided in connection with our Services, (c) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, or the Content in any way, (d) modify or make derivative works based upon the Services or Content, (e) embed the Services as an “iframe” or “frame” from within another application, or (f) access the Services in order to (i) build a competitive product or service, (ii) build a product using ideas, features, functions or graphics that are similar to those related to the Services, or (iii) copy any ideas, features, functions or graphics of the Services. You shall not: (1) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (2) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or our sites, servers or networks, (3) attempt to gain unauthorized access to the Services or its related systems or networks, or (4) take any action that imposes an unreasonably or disproportionately large load on our or our service providers’ infrastructure or do anything that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services. You agree that you will not use our Services to (A) infringe the rights of any third party, (B) impersonate any person or entity or misrepresent your affiliation with any person or entity, (C) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (D) violate any applicable local, state, national or international law, (E) send chain letters or pyramid schemes via our Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR CONTENT AND OUR SERVICES, OR ANYTHING ARISING OUT OF OR ON IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. FLEXIBLE, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ANY OF ITS PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR ANYTHING ARISING OUT OF OR ON IN CONNECTION THEREWITH, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DISCLAIM ALL WARRANTIES RELATED TO THIRD PARTY INTERNET AND/OR COMMUNICATIONS PROVIDERS. WE WILL NOT BE LIABLE AND WILL HAVE NO OBLIGATION TO INDEMNIFY YOU FOR SENSITIVE DATA THAT YOU SEND OR THAT WE SEND TO YOU.
WE WILL NOT BE LIABLE OR RESPONSIBLE FOR FAILURE OR DELAY IN FULFILLING OR PERFORMING OUR OBLIGATIONS IF SUCH FAILURE OR DELAY IS CAUSED BY OR RESULTS FROM CAUSES BEYOND OUR REASONABLE CONTROL (INCLUDING FIRES, FLOODS, EMBARGOES, SHORTAGES, EPIDEMICS, PANDEMICS, QUARANTINES, ACTS OF WAR (WHETHER DECLARED OR NOT) OR TERRORISM, INSURRECTIONS, RIOTS, CIVIL COMMOTION, FAILURE OF THE INTERNET, STRIKES, LOCKOUTS OR OTHER LABOR DISTURBANCES, ACTS OF GOD OR ACTS, OMISSIONS OR DELAYS OF ANY GOVERNMENTAL AUTHORITY).
YOU USE OUR SERVICES, OUR CONTENT, OR ANYTHING ARISING OUT OF OR ON IN CONNECTION THEREWITH, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR ANYTHING ARISING OUT OF OR ON IN CONNECTION THEREWITH. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR ANYTHING ARISING OUT OF OR ON IN CONNECTION THEREWITH.
IF YOU VISIT ANY PROPERTY AND SURROUNDING PREMISES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PROPERTY OR PREMISES.
In no event shall Flexible be held liable for any damages, including without limitation indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content. You agree that neither Flexible, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our Services. Additionally, you agree that Flexible is not liable or responsible for any defamatory, offensive or illegal conduct of third parties. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”
You agree to indemnify, defend, and hold harmless the Flexible Parties from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of these Terms or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Flexible. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
This Terms will be governed by the laws of the state of Texas and relevant United States federal laws, without regard to provisions relating to conflict of laws. Except for any disputes in which we decide to seek injunctive or other equitable relief, you waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, in the event of any dispute or disagreement related to the Service or these Terms (a “Dispute”), upon the written request of either party, the parties will meet for the purpose of resolving such dispute. The parties agree to discuss the problem and negotiate in good faith without the necessity of any formal proceedings related thereto. No formal proceedings for the resolution of such dispute may be commenced until either party concludes in good faith that resolution through continued negotiation of the matter in issue does not appear likely. The parties further agree that all Disputes which cannot be settled in through such discussions will be settled by final and binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures. Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The venue for the arbitration shall be in Dallas, Texas, unless otherwise mutually agreed to by the parties in writing. The arbitration panel will consist of a sole arbitrator. In the event the parties are unable to agree upon an arbitrator, either party may apply to a court of competent jurisdiction for the appointment thereof. No person may be appointed as an arbitrator unless he or she is independent of all parties, is skilled in the subject matter of the Dispute and is not directly or indirectly carrying on or involved in a business being carried on in competition with the businesses of the parties. The parties and arbitrators shall keep confidential all awards in the arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party or arbitrator by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The parties hereto agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you and your affiliates on one hand, nor Flexible and its affiliates on the other hand, can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other users of the Service, and cannot be used to decide other disputes with other users of the Service.
No communication or document shall add to or vary these Terms, unless otherwise mutually agreed in writing by the parties. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Flexible as a result of these Terms or use of the Services, and you do not have any authority of any kind to bind Flexible in any respect whatsoever. You and Flexible agree there are no third party beneficiaries intended under these Terms. The failure of Flexible to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Flexible in writing. These Terms, together with any other mutually executed written agreement (if any), and any policies, terms and conditions incorporated by reference, comprise the entire agreement between you and Flexible and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. In the event that any of your users of the Services are contractors to your organization, you agree that such contractors shall be required by written agreement to comply with all applicable restrictions set forth in these Terms, and you shall be fully liable for and indemnify Flexible with respect to any failure of any contractor to so comply. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Flexible may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. We may assign these Terms, or certain of our rights or obligations under this Terms, to any party at any time without notice to you. You may not assign your rights or obligations under this Terms, by operation of law or otherwise, without the prior written consent of Flexible.
If you received an initial offer or proposal from us (a “Proposal”), it was prepared using publicly available information and our underwriting models and tools. The Proposal is not an appraisal and is not binding. You will be eligible to receive a Proposal after you provide us with information about your property and (i) you are the owner or represent the owner, (ii) the property is in one of our service areas, and (iii) the property meets our parameters, which may change from time to time for a given service area under our sole discretion. We may modify the terms of a Proposal at any time. In sending a Proposal, Flexible is not acting as your real estate agent or broker. Flexible is merely acting as, or on behalf of, a purchaser (or other party) to a real estate transaction. As a seller (or other party to a real estate transaction), you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Proposal. At your request, we may refer you to a third-party agent that can represent you. Should you choose to work with that agent, Flexible may receive a referral fee. However, we never require you to choose any particular agent. The Proposal solely represents an invitation for you to potentially enter into an actual transaction with respect to the property, and such a transaction must be governed by a separate and mutually acceptable contract and will always be subject to additional terms and conditions (collectively, the “Real Estate Contract”). In the event of any conflict between the Real Estate Contract and these Terms or the terms of the Proposal, the provisions in the Real Estate Contract shall prevail to the fullest extent permitted by law.
By accessing any property (a “Property”), you certify and agree you are entering the Property with the express purpose of (1) evaluating the Property, or (2) engaged in authorized business with Flexible. You agree to follow all rules and policies of Flexible when accessing a Property. You will only access the property briefly for the purposes of evaluating a potential business transaction with us. You (and anyone with you) agree to (a) respect the Property, (b) not damage, dirty or harm the Property or anything in it or on it, (c) leave the Property in the same condition that you found it in, (d) not engage in any illegal or illicit activities while on the Property, (e) not remove anything from the Property, (f) access the Property only as instructed by us, (g) not circumvent any of the Property’s security measures except with our permission, (h) not do anything on the Property that would harm our reputation, and (i) and that you will be liable and responsible for all of your actions and omissions (and the actions and omissions of those who accompany you) with respect to the Property. Flexible may revoke permission to access one or more of its Properties at any time, in its sole and absolute discretion. If you are asked to leave one Property, you lose permission to go to any future Property unless you receive notification otherwise from Flexible. If, in accessing a Property, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted these Terms, you accept financial responsibility for their behavior including for any breaches by them of these Terms. By accessing any Property, you accept responsibility for any damage to the premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Property.
FLEXIBLE RE COMPANY LLC Terms & Conditions Last Modified: April 28th, 2020
END OF TERMS & CONDITIONS. FLEXIBLE RESERVES ALL RIGHTS NOT OTHERWISE PROVIDED FOR HEREIN.