AmortizeCRE
The Premier Loan Amortization Application for the CRE Industry
AMORTIZECRE SUBSCRIBER AGREEMENT AND TERMS OF USE
Last Modified: June 1, 2023
1. Your Acceptance
Welcome to the AmortizeCRE Subscriber Agreement and Terms of Use. This is an agreement (“Agreement”) between AmortizeCRE LLC (“AmortizeCRE"), the owner and operator of www.amortizecre.com and AmortizeCRE software, application, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, “User”, or “Subscriber”), a Subscriber or user of the Platform. The AmortizeCRE Platform may offer Subscriber services (“AmortizeCRE Services”) as applicable or made available via the Platform.
Throughout this Agreement, the words “AmortizeCRE,” “us,” “we,” and “our,” refer to our company, AmortizeCRE, as is appropriate in the context of the use of the words.
By clicking “I agree”, subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Subscriber Terms or the Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to the Agreement or the Privacy Policy please cease using our Platform immediately.
2. Platform and Subscriber Accounts
Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful, up-to-date, and accurate information when registering for our Platform and must be over the age of 18. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify AmortizeCRE immediately of any unauthorized use of your account or any other breach of security. AmortizeCRE will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
3. Additional Access
After registering and properly paying for our Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. Where you download any portion of the Platform, we grant Subscriber a limited, non-exclusive, non-transferable, fully revocable license to use the Platform as permitted by us for your internal business purposes only. As a Subscriber, you may share this license with any Users; however, you may not share this license with any third parties aside from your Users. Additionally, any of your Users may access and use the Platform; however, you will be responsible for all activity or omissions by your Users that use the Platform. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third-party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
4. AmortizeCRE Services
The AmortizeCRE Services may allow Subscriber to access tools that may assist with real estate calculations and allow such tools to be embedded on Subscriber’s website and allow Subscriber’s Users to access such tools. You may use the Platform and any AmortizeCRE Services solely as permitted and provided for by AmortizeCRE and in compliance with all applicable laws. Please be aware that any AmortizeCRE Services, except as expressly stated otherwise, are offered on an “as is” basis and AmortizeCRE makes no representations or warranties regarding any of the AmortizeCRE Services offered. AmortizeCRE reserves the right to modify, change, and/or discontinue any and all portions of the AmortizeCRE Services at any time and may also remove or add AmortizeCRE Services to any subscription levels at its sole discretion. Please be aware that any information generated during the use of the AmortizeCRE Services are for general informational purposes and are considered User Content (defined below). Subscriber is solely responsible for all such information generated.
5. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to AmortizeCRE and/or AmortizeCRE’s licensors and that AmortizeCRE and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by AmortizeCRE. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by AmortizeCRE to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by AmortizeCRE. All rights not expressly granted in this Agreement are reserved for us.
6. Subscriber Responsibilities
Subscriber shall be exclusively responsible for its use or any of its authorized user’s use. Where a Subscriber or any User submits any User Content (defined below), we are not responsible for such User Content including but not limited to monitoring access permissions or providing any services excluding the AmortizeCRE Services. Additionally, you represent and warrant that: (1) you shall use the Platform solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into this Agreement; (3) any User Content is not confidential; (4) that the User Content is owned or properly licensed to Subscriber and does not violate any third-party agreements; and (5) you shall use the Platform only for legal and lawful purposes. Subscriber shall indemnify and hold AmortizeCRE harmless for a breach of any provisions of this section.
7. Information Generated
AmortizeCRE is not responsible for any information generated via the Platform or the AmortizeCRE Services. Subscriber understands and agrees that all AmortizeCRE Services are dependent on the information contained in any User Content submitted by Subscriber/User and Subscriber/User is solely responsible for that information. THE SUBSCRIBER/USER AGREES TO HOLD AMORTIZECRE FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE AMORTIZECRE SERVICES. AMORTIZECRE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE PLATFORM. AmortizeCRE does not warrant any results, guarantee, endorse, or recommend any information generated and Subscriber/User’s use of such information generated is at its own risk.
8. Subscriber Websites
As the AmortizeCRE Services and Platform shall be hosted on Subscriber’s website, you agree that AmortizeCRE is not responsible for: (1) any interruption, misinformation, incomplete information, or cessation of transmission to or from the Platform or the AmortizeCRE Services; (2) any bugs, viruses, Trojan horses, or the like, which may be transmitted via the Platform or via a third-party website; and (3) any failures or disruptions, whether intentional or unintentional. AmortizeCRE is not affiliated with, sponsored, and does not endorse any information or content found on a Subscriber’s website and Subscribers are solely responsible for such information or content. By using the Platform or any associated AmortizeCRE services you release us from any liability or damage that may arise out of your use of a Subscriber’s website or any information found on a Subscriber’s website.
9. Financial Disclaimer
NO FINANCIAL, LEGAL, INVESTMENT, OR TAX ADVICE IS GIVEN THROUGH THE PLATFORM. PLEASE CONSULT YOUR PROFESSIONAL ADVISORS FOR ANY ADVICE. All content found on the Platform or via the AmortizeCRE Services is provided for informational and educational purposes only and you should consult with your professional advisors prior to making any decisions. Please do not take any actions or refrain from taking actions solely on the basis of information provided. You solely are responsible for evaluating all data or reports provided and consulting with your tax, legal, financial, or investment professionals regarding such data or reports. AmortizeCRE is not responsible for any errors or omissions with the data or content found on the Platform.
10. Privacy Policy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. User Content
A Subscriber’s or User’s ability to submit or transmit any information through the Platform or the AmortizeCRE Services, including but not limited to user information, data, recordings, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third-party rights or obligations. When you submit any User Content to us, you grant AmortizeCRE, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement.
12. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
- You may not interfere with or disrupt the Platform;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
- You agree that you will not hold AmortizeCRE responsible for your use of our Platform
13. Testing
AmortizeCRE may offer the Platform or the AmortizeCRE Services on a free trial basis or testing basis prior to any subscription. AmortizeCRE reserves the right to discontinue any free trials or testing at any time and without liability to us. Where you have signed up for a free trial or testing, you agree at the expiration of your free trial you may be automatically subscribed to the AmortizeCRE Services and your payment method on file may be charged.
14. Subscriber Payments
Subscriber agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Aside from subscription payments Subscriber may be charged a set-up fee where required. Where you have properly paid for a subscription, we shall grant you access to the AmortizeCRE Services and Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Where applicable, you must agree to our third-party payment processors’ terms and conditions for processing payments. All prices are listed in US Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, AmortizeCRE may suspend or terminate your access to the paid portions of the Platform and the associated AmortizeCRE Services, without liability to us.
15. Automatic Payments
In order to access certain functionality within the Platform, you may be required to purchase a subscription. Where you purchase a subscription, your payment information shall be logged for your convenience. AMORTIZECRE MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING MONTHLY BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
16. Refunds for Subscription
We want you to be satisfied with the AmortizeCRE Services; however, we cannot offer any refunds at this time. If you have any questions regarding the subscription or our policies, please contact us.
17. Taxes
Where AmortizeCRE does not charge you taxes for any payments, you agree to pay any and all applicable taxes. Subscriber agrees that AmortizeCRE cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.
18. Pricing and Price Increases
The pricing for all paid subscriptions is listed on the AmortizeCRE Platform or within your account. Additionally, AmortizeCRE may increase the price of any paid subscriptions or AmortizeCRE fees charged up to three percent (3%) annually, at our discretion and we reserve the right to do so at any time. Please notify us if you intend to reject a price increase. Where you have rejected a price increase this Agreement may be terminated immediately at our discretion. You agree that AmortizeCRE has no obligation to offer any services for the price originally offered to you at sign up.
19. Subscriber Account Holds
From time to time, AmortizeCRE may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that your services offered or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third-party or interfere with a third-party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.
20. Termination of Your Subscription
The term of your subscription shall be for one (1) year from the date that Subscriber purchases a subscription to the Platform. Payments for the subscription shall be due on a monthly basis. The term of your subscription shall automatically renew on an annual basis; however, Subscriber may terminate this subscription by contacting us and providing thirty (30) days notice prior to any renewal term. You may terminate your subscription by contacting us (preferred method is sending an email to ryan@amortizecre.com). Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Content stored may not be retained. We may terminate your subscription immediately if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) at our discretion.
21. Platform Security
You agree to exercise caution and common sense when using the Platform and agree that you will not submit any User Content that is considered confidential. Further, some or all portions of the AmortizeCRE Services may be accessible by third parties based on Subscriber’s settings or the sharing of Subscriber’s unique URLs, Subscriber is solely responsible for any access by such third parties, whether such access is permitted or un-permitted.
22. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only Subscribers who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
23. Support
Where a Subscriber requires support for the Platform, please contact us at ryan@amortizecre.com.
24. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the AmortizeCRE Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
25. Idea Submission
AmortizeCRE or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to AmortizeCRE. The sole purpose of this policy is to avoid potential misunderstandings or disputes when AmortizeCRE’s products might seem similar to ideas you submitted to AmortizeCRE. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of AmortizeCRE, without any compensation to you; (2) AmortizeCRE may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for AmortizeCRE to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
26. Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER AMORTIZECRE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY AMORTIZECRE SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO AMORTIZECRE, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. AMORTIZECRE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. AMORTIZECRE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. AMORTIZECRE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND AMORTIZECRE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
27. Limitation of Liability
IN NO EVENT SHALL AMORTIZECRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AMORTIZECRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by AMORTIZECRE’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.
28. Indemnity
You agree to defend, indemnify and hold harmless AmortizeCRE, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the AmortizeCRE Platform;
- an authorized user’s use and access to the AmortizeCRE Platform;
- your violation of any term of this Agreement; or
- your violation of any third-party right, including without limitation any copyright, property, or contractual right.
29. Copyrights
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
Counter Notice
In the event that you receive a notification from AmortizeCRE stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if You are in the U.S.), or Your consent to the jurisdiction of a federal court in the district where Your service provider is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
30. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
31. Disputes
Any dispute relating in any way to your visit to the Platform or the AmortizeCRE Services shall be submitted to confidential arbitration in Carlsbad, California. Arbitration under this Agreement shall be conducted pursuant to the applicable Commercial Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Carlsbad, California.
You may opt-out of this dispute resolution provision by notifying AmortizeCRE within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to AmortizeCRE LLC 3324 Campo Azul Ct., Carlsbad, California 92010, United States of America, Attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with AmortizeCRE through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Carlsbad, California.
Opt-Out
You may opt-out of this dispute resolution provision by notifying AmortizeCRE within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to AmortizeCRE LLC 3324 Campo Azul Ct., Carlsbad, California 92010, United States of America, Attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with AmortizeCRE through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Carlsbad, California.
32. Class Action Waiver
You and AmortizeCRE agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
33. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with AmortizeCRE are deemed to conflict with each other’s operation, AmortizeCRE shall have the sole right to elect which provision remains in force.
If two or more provisions of this Agreement or any other agreement you may have with AmortizeCRE are deemed to conflict with each other’s operation, AmortizeCRE shall have the sole right to elect which provision remains in force.
34. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
35. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.
36. Entire Agreement
This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and affirmatively accepted by each party. Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.
37. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, please cease using our Platform.
38. Electronic Communications
The communications between you and AmortizeCRE use electronic means, whether you visit the Platform or send AmortizeCRE e-mails, or whether AmortizeCRE posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from AmortizeCRE in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that AmortizeCRE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
39. Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at ryan@amortizecre.com.
40. Relationship of Parties
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between Subscriber and AmortizeCRE. The relationship of the parties is as independent contractors. Subscriber has no authority (and shall not hold himself or herself out as having authority) to bind AmortizeCRE and Subscriber shall not make any agreements or representations on AmortizeCRE’s behalf without AmortizeCRE’s prior written consent.
41. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about AmortizeCRE must be sent to our agent for notice to: ryan@amortizecre.com or AmortizeCRE LLC 3324 Campo Azul Ct., Carlsbad, California 92010, United States of America.