By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly.
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be above the age of majority in your jurisdiction, to use the Services. You may choose to create a EXCEEDANT Account and provide certain information, including a valid email address and a password. If you want to participate in any marketing or transaction event through the Services, you are required to register with EXCEEDANT. In addition, you may choose to participate in the community features of our Services (“Community”) available on certain of the Websites, by creating a Community username, providing additional information in your Community profile, and logging into the Community. You agree to only provide information that is accurate and truthful, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your account information, and to notify us immediately if you learn of any unauthorized use of your account or information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, EXCEEDANT Account and username, or registration, whether by you or others. We are authorized to act on instructions received through use of your EXCEEDANT Account or registration, and are not liable for any loss or damage arising from your failure to comply. Your registration and Community participation are subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration or Community participation for any reason or no reason.
By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, USPS mail or other mailing method, or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Statement.
The Services are not intended for users under the age of 18, so you MUST be 18 to use them. If you create an EXCEEDANT Account or register, it is important to keep your information accurate and up to date so that we can contact you with information about the Services. You are responsible for your own EXCEEDANT Account and registration. If you ever forget your password, or believe that someone has accessed your EXCEEDANT Account without your permission, you agree to contact us so that we can help you.
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, documents and applications, are copyrighted by us or our licensors and content suppliers, and are protected by United States (“U.S.”) and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of any content of the Services without our express prior written permission is strictly prohibited.
You may not use any of our EXCEEDANT (and brands) trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.
Here are the rules you must follow to use EXCEEDANT Services. You agree not to use the Services in any way including but not limited to the following:
To use EXCEEDANT Services, you have to follow our rules, in order to ensure safe and enjoyable experiences for all users.
You are solely responsible for all content that you post, publish, transmit, upload, distribute or otherwise make available or submit to or through the Services, including without limitation to or through the Community (collectively, “Submissions”). Your Submissions may be identified by your actual name and/or your username, and may be linked to your EXCEEDANT Account and Community profile. You acknowledge that once published, you cannot withdraw such Submissions. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submissions throughout the world in any form.
It is important for you to carefully review our Privacy Statement prior to making any Submissions. If you do not agree with our Privacy Statement, please do not make any Submissions.
If you participate in the Community, you may have the ability to connect with other users, follow other users, be followed by other users, upload/download documents, make Submissions, and vote in polls, among other things. Certain types of participation within the Community such as completion of certain “missions” may allow you the opportunity to earn Community “points” and “badges” and advance to different “levels”. Community points and badges: (a) have no cash value and may not be redeemed for credit, products or services; (b) may not be transferred to others; (c) may be lost if your EXCEEDANT Account or Community profile is deactivated; and (d) may not be fraudulently obtained. If you have not logged into your EXCEEDANT Account or have not participated in the Community for five (5) months or longer, we reserve the right to deactivate your EXCEEDANT Account. Though we are under no obligation to do so, we reserve the right, in our sole discretion, to send you gifts or prizes, and enable special features of the Services for you based on your earning a certain number of Community “points” or certain types of “badges”. When you participate in the Community, you do so at your own risk.
Our Community has some interesting benefits, but if you use it you do so at your own risk.
We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of our Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written DMCA Notice of Alleged Infringement (“Notice”). You must do all of the following in your written Notice for it to be valid:
“The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
EXCEEDANT Copyright Agent
Wells Fargo Center, 100 S. Ashley Dr. Suite 600, Tampa, FL 33602 USA
You can leave a message for our Copyright Agent at (877) 224-3180, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above.
Use exactly the procedure described here to notify us of alleged copyright infringement on the Services.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, marketing or transaction events, times and locations, relevant terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to or that are submitted by third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
You understand and acknowledge that you are capable of evaluating the merits and risks of purchasing or selling a property using the Services, and are able to bear any such risks.
You also acknowledge that you have consulted with, had the opportunity to consult with, or waive the right to consult with, legal and tax and any other professionals relating to any legal and tax consequences and any other consequences of any documents, materials used as well as any actions and omissions in connection with the Services. You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk.
You are responsible for performing your own diligence on properties marketed on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EXCEEDANT, WE, OUR SUBSIDIARIES, AND/OR AFFILIATES AND/OR PRINCIPALS AND/OR HEIRS AND/OR ASSIGNEES OR AND/INVESTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR TWO HUNDRED DOLLARS ($200), WHICHEVER IS GREATER. Unless a federal law, state law and/or other government regulation provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or $200, whichever is greater.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (“Rules”) and in accordance with the Expedited Procedures in those Rules. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the State of PENNSYLVANIA. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Claims. However, nothing in this section shall prevent us from enforcing our intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in court.
1) Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
3) Compliance with Applicable Laws: The Services are controlled within the United States of America and directed to individuals residing in the United States. We do not represent that the materials in the Services are appropriate or available for use in any specific geographic location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic region or jurisdiction at any time in our sole discretion.
You represent and warrant that: (a) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Country”); (b) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available athttp://www.treasury.gov/resource-center/sanctions/SDN-List/Pages /default.aspx) (an “OFAC Listed Person”), an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; any applicable economic sanctions laws administered by OFAC or the U.S. Department of State; or any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
For questions about the Services, you should contact EXCEEDANT LLC at firstname.lastname@example.org or phone (877) 224-3180 ET.