TERMS OF USE

InvestorBlock.com (“Site”) is a unique platform offered by ManPow LLC (the “Company”) that offers investors a marketplace for investment properties throughout the United States.

The following sets forth the terms of use ("Terms of Use") that govern your use of the Company’s website, application and service, including all related documents, services, updates and upgrades, mobile widgets, apps or other applications (collectively referred to as "Applications" or "Services"). It is an agreement ("Agreement") between you, the user, and the Company that you agree to by clicking "Yes", "Yes, I agree" or similar language, or by using the Applications or Services provided by the Company. In addition, to the extent that you use the Applications or Services provided by the Company, your use of the Services shall be subject to the Terms of Use contained herein.

IN USING ANY OF THE COMPANY’S APPLICATIONS OR SERVICES YOU ARE HEREBY AGREEING TO BE BOUND TO THE TERMS OF USE CONTAINED HEREIN, INCLUDING THE PRIVACY POLICIES HEREIN INCORPORATED BY REFERENCE AND SET FORTH OR LINKED TO BELOW. THESE TERMS OF USE MAY, FROM TIME TO TIME BE CHANGED AND OR MODIFIED AND SUCH CHANGES SHALL BE EFFECTIVE AT THE TIME THEY ARE POSTED. YOU, THE USER, SHALL BE RESPONSIBLE FOR REGULARLY CHECKING THE TERMS OF USE FOR ANY UPDATES. USE OF THE APPLICATIONS OR SERVICES AFTER THE EFFECTIVE DATE OF ANY MODIFICATIONS OR CHANGES SHALL BE CONSIDERED ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH BELOW PLEASE DO NOT USE THESE APPLICATIONS OR SERVICES AS BY DOING SO YOU ARE AGREEING TO BE BOUND TO THEM.

The Site is a real estate marketplace that assists Investors with finding investment properties throughout the United States as well as matching Investors with service providers, including without limitation, contractors and handymen to assist in rehabbing the investment properties. Please be sure to carefully review the Terms of Use prior to use to ensure that you understand how the Company works.

The term "Portable Payment Process" or "PPP" shall be the closed-loop, single-use, payment product redeemable solely at a designated Merchant. The term "Investor" shall include any user that subscribes to the Company’s Applications or Services (paid or unpaid), but the subscription relationship does not imply or suggest a legal relationship between the Company and said Investor.

How the Company Works

Posting an investment property for sale begins by signing up for a free or paid subscription to the Company’s Applications or Services through the Site. Additionally, Users can sign up as a service provider for free by signing up for the Company’s Applications or Services through the Site. To register for the service, individuals must be at least 18 years of age and agree to the Terms of Use and the Privacy Policy as set forth or linked to below and incorporated by reference and accept the Company application.

After registering, a User can post a property that they have for sale on the Company website as well as post a certain need for certain service provider. Once posted, the property can be searched and viewed by other Users of the Site. Users can register for a free account (“Free User”) or a paid subscription (“Paid User”). To become a Featured Service Provider such User must be a Paid User. There are certain limitations on what services Free Users can access vs. Paid Users, which have access to the premium features of the Site based on their specific subscription.

User Information

To comply with the laws of the United States and state laws, the Company reserves the right to verify and sometimes store personal information. The Company is not a Money Services Business and is not required to register with the FinCEN. However, as part of the Company's anti-money laundering compliance procedures, the Company reserves the right to store certain pieces of User information and cooperate with law enforcement to help the government fight terrorism and money laundering by responding to subpoenas or other mandatory legal demands in accordance with applicable laws. Additionally, the Company is not a licensed real estate broker in any state nor is the Company receiving commission upon the successful sale of any Property. Any monies derived from Paid Users are subscription fees for access to certain features of the Site and other services provided by the Company, and are NOT commission or finder’s fees payable on the successful sale of a property listed on the Site.

Use of the Site

The Site can only be used within the fifty (50) United States and the District of Columbia. Membership in the Site is not transferrable and cannot be used for unlawful purposes. In using the Company’s Applications or Services you are specifically agreeing to the following:

  • You are at least 18 years of age;
  • You are authorized to create a legal binding obligation;
  • At all times your use of the Company’s Applications or Services shall comply with the Terms of Use contained herein;
  • You agree that any information or disclosures related to your use of the Company’s Applications or Services shall be transmitted electronically either through this website or via other electronic transmittals, that you have the capacity to receive such transmittals and that you consent to receipt of such transmittals;
  • You shall be solely responsible for any fees or charges assessed by your mobile device carrier for any text messages, data usage or other charges incurred in using the Company’s Application or Services;
  • You will not violate any local, state, provincial, national or other law or regulation or any court order including without limitation, engaging in any form of money laundering; and
  • You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

Registering as a User

All Users who wish to list a property for sale or who register as a Featured Service Provider must provide the Company with the information requested to confirm User identification and authorize payment (paid accounts only). As a User of the Site, you will be required to register for the Company’s Applications or Services via the Site, which shall hereinafter be considered "Registering" as a User. In Registering, you agree to provide true, accurate and complete information and agree to update said information promptly should it change. In Registering, you may be requested to create a username and password. In all instances, you shall be solely responsible for maintaining and safeguarding the confidentiality of any username and password created and used. You are solely responsible for any activity on your account whether or not you have authorized the activity, and the Company shall not be responsible for any misuse, or fraudulent use, of your account. Please contact us immediately if you believe or are aware of any breach in security, misuse or unauthorized use of your account.

Payment Methods and Security

Users are prohibited from using credit cards that are registered outside the United States. Sensitive data, such as credit card numbers, are collected or transferred to the Company's third-party credit card processor(s) using Secure Sockets Layer (SSL) encryption, which is designed to make the information collected or transferred indecipherable to anyone but the Company's third-party credit card processor(s). the Company does not hold or have access to any User's sensitive data which may also include personal information such as addresses, zip codes, etc., and it is all stored with the Company's third-party credit card processor(s). In using the Site and agreeing to these Terms of Use, the User hereby acknowledges that no security or encryption system is 100% secure. The Company and its third-party credit card processor(s) continuously review(s) the security and encryption systems that are in place and may change or alter them without notice to you as needed to ensure maximum security of information collected, transferred or stored.

For paid accounts with recurring monthly membership, User’s credit card will be stored in an industry standard Payment Card Industry ("PCI") compliant database provided by a third party under contract with the Company for such services. The Company has no access to that database or to a User's sensitive data. Users can remove any stored credit card account number at any time, although doing so as a paid member would downgrade your account to a free account as paid membership requires a valid credit card on file for monthly billing.

Notice from the Company

The Company provides information, updates and notice to Users in several ways. Any notice provided by the Company or through its Applications or Services is subject to the Company's Privacy Policy. In using the Company and agreeing to this Agreement, you are giving the Company permission to transmit to you via email or text messages information regarding the Company, investment properties listed and information regarding your account, if applicable. You may opt-out of receiving non-account related email or text messages, but you hereby agree that the Company shall have an ongoing right under this Agreement to provide you with notice of information related to your account such as the expiration of a credit card on file, a declined credit card and any opt-out provision shall not cover such email or text message correspondence.

Email

Users will receive various notifications from the Company, some administrative in nature and others related to properties posted on the Site. Examples of administrative emails include: New account confirmation email, reset password email, you credit card was declined email, etc. Examples of emails related to property posts include: New property posted in your preferred search area, your property posting is about to expire, your Featured Service Provider listing in about to expire, etc. By default, email notifications are turned on. Users can turn off email notifications in the User’s Account Settings on the Site. Please note that you may still receive account related email notifications from the Company, even after turning email notifications off.

Promotions

The Company may from time to time run or offer various promotions, the specific terms and conditions of which shall be set forth in the promotion's Offer Terms. Unless otherwise noted in the Offer Terms, membership received through a promotion shall be subject to the terms and conditions set forth herein. In entering into any Company sponsored promotion, you are agreeing to comply with these Terms of Use, including, but not limited to, the provisions relating to User Conduct and User Generated Content. To the extent a promotion requests information from you to participate, that information will be considered "Content" as that term is defined below.

User Conduct

All use of the Company’s Applications or Services must be lawful and comply with the Terms of Use set forth below. The Company’s Applications and Services are private property and the Company hereby reserves the right, at its sole discretion, to restrict or inhibit a User's access to the Company’s Applications or Services and to seek other remedies against any User if it determines a User is violating the Terms of Use of use, limiting other Users' use and enjoyment of the Applications or Services or engaging in other activities that at the Company’s sole discretion it determines warrants such action.

The following shall be considered express violations of the Terms of Use and shall be prohibited:

  • Violating any applicable law, ordinance or regulation;
  • Utilizing the Site to engage or further any criminal enterprise;
  • Submittal of knowingly fraudulent information, committing fraud or falsifying information in connection with establishing an account on the Site;
  • Posting or transmitting content a User does not have the right to post or transmit;
  • Posting or transmitting content that any User knows or reasonably should know infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
  • Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, criminal, harmful or otherwise objectionable as determined in the Company's sole discretion;
  • Attempting to intercept, collect or store data about any third party without his, her or its knowledge and consent;
  • Deleting, tampering with or revising any material posted by any other person or entity without proper authorization;
  • Accessing, tampering with or using any User's profile or account;
  • Attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures of any third parties;
  • Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes," "spam," "chain mail", or "junk mail";
  • "Stalking" or harassing any other User of our Application or Services or collecting or storing any information about any other User other than for purposes of transacting as a User;
  • Using the site to send altered, deceptive or false source identifying information;
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising the Application or Services offered by the Company or any related website or network available or accessible at the Licensed Premises;
  • Interfering or attempting to interfere with the access of any User, including without limitation, submitting a "virus" to site, or any attempt at overloading, "flooding," "spamming," "crashing," or "mail bombing" the site; and
  • Impersonating or misrepresenting oneself or any other User or affiliation.

The foregoing are examples of prohibited conduct, but it is not considered a comprehensive list of prohibited conduct and the Company shall at its sole discretion determine whether a User's actions violate the Terms of Use and warrant further action.

User Generated Content

The Site provides Users with the ability to post investment properties for sale that can be viewed by any User of the Site, with certain restrictions on the information displayed to non-registered users or Users with free accounts as well as Service Providers to “bid” on certain aspects of the repairs or certain improvements to an investment property. Any information provided about a property by you, Users or a third-party (herein defined as “Content”) posted on, or included within, the Company website is solely that of the author(s) or distributor(s) and not the Company.

The Company shall not be held responsible or liable for any Content posted by you, a User or third-party on the Site. The Company does not guarantee the accuracy, integrity or quality of any such Content.

At any time, the Company shall have the right, but not the obligation, to monitor the property listings to ensure compliance with these Terms of Use as well to comply with applicable laws, regulations or government requests. The Company shall have the right, but not the obligation, to remove any content from the Site that it in its sole discretion it determines is objectionable or violates these Terms of Use.

User Generated Content posted on the Site is public, with certain restrictions on the information displayed to non-registered users or Users with free accounts, and can be viewed by any other persons, including those not registered as Users of the Company’s Applications or Services.

By posting on the Site, you acknowledge that your Content is public and understand and agree to take certain precautions to safeguard your Personal Information, as that term is defined in the Privacy Policy. The Company is not liable for any statement(s) or user generated content on the Site or any action(s) that may result from your participation in the Services. You hereby assume all risks associated with posting of any Content on the Site and understand any such information or statements are not confidential.

By posting Content on the Site or in any public forum within the Site or affiliated or associated sites, the author(s) or distributor(s) of that Content is granting the Company a non-exclusive right or license to reproduce, display, publish, distribute, etc. that Content which may include photo images of that Content in any form of media for the purpose of advertising, market research, promotions or any other lawful purpose.

Fees

A Subscription Fee will be charged as part of the cost of purchasing a recurring, monthly membership to the Company Applications or Services as described on the Site. Notice of the Subscription Fee is provided at the time of purchase.

Cancellation Policy

Users may cancel their subscription to the Company services via the User’s Account Settings. Users may cancel their subscription at any time. Upon initial registration, Users may cancel their subscription and receive a refund for paid accounts within 30 days of the initial registration. For cancellations after the initial 30 days from registration for the Company services, no partial or prorated refunds will be issued. Users' subscriptions will be valid until the next monthly billing cycle at which time the subscription will be cancelled for the following month.

Changing Terms of Use

The Company hereby reserves the right at any time with, or without, notice to change the Terms of Use contained herein including adding new terms or removing existing terms subject to applicable law. the Company also reserves the right to suspend, cancel, add, modify or delete any features or services offered. Any changes or modifications to Terms of Use or features or services shall be effective immediately upon posting to the website, through electronic transmittal or through any Applications, any of which shall be considered notice under the Terms of Use of this Agreement. Use of the Applications or Services of the Company shall be considered acceptance of any modifications or revisions to the Terms of Use contained herein and it is your responsibility to review and monitor the Terms of Use from time to time to for any changes, modifications or additions.

Copyright and Trademarks

The Company owns all the information contained on its website, in its electronic transmittals or included as part of any application, including but not limited to, any mobile or tablet application (collectively referred to herein as "Site") and any copying, distributing, linking, transmitting, posting or modifying the Site without the express written consent of the Company is prohibited. This information includes, but is not limited to, text, software, photos, video, graphics, music, sound, illustrations, URLs, technology, documents, scripts, content, materials and interactive features. Violation of this requirement may result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Warranty

The Company is not liable to you for any interruption in use of the Company services, for the quality, safety, legality or any other aspect of any goods or services identified for purchase as part of a transaction.

YOUR USE OF THE SITE AND THE COMPANY’S APPLICATIONS OR SERVICES, AS THOSE TERMS ARE DEFINED ABOVE, IS AT YOUR OWN RISK AND IN USING THE SITE YOU ARE HEREBY ASSENTING TO THAT RISK. THE COMPANY PROVIDES NO WARRANTY THAT THE USE OF SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND PROVIDES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. ANY AND ALL INFORMATION, SERVICES OR GOODS MADE ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ON AN "AS IS" AND "AS AVAILABLE" BASIS BASED ON THE COMPANY’S GOOD FAITH AND BEST EFFORTS TO CORRECTLY DESCRIBE AND ESTIMATE THE COST OF SAID GOODS OR SERVICES. ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ITS CONTENT, OR TO THE PRODUCTS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE DISCLAIMED.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE.

In jurisdictions where limitations on liability are not permitted, some of the foregoing limitations may not apply, but where applicable they shall apply to the fullest extent permitted by law.

Indemnification

By agreeing to the Terms of Use and in using the Company’s Applications or Services you hereby agree to indemnify and hold harmless the Company, its officers, directors, employees, partners, successors and agents from and again any and all claims, liabilities, losses, damages, obligations, costs and expenses, including attorney's fees, arising out of or related to any services purchased by you in connection with your use of the Company’s Applications or Services or any use of the same in violation of these Terms of Use.

Release

In using the Company’s Applications or Services, you agree to be solely responsible for your interactions with other Users of the Company. To the extent permitted under applicable laws, you hereby agree to release the Company from any and all claims or liability related to any service purchased as well as any conduct or speech, whether online or offline, of any other User.

Termination

The Company reserves the right in its sole discretion to terminate or suspend at any time your use of the Company’s Applications or Services should the Company determine your conduct to be unacceptable or determine that you have failed to comply with the letter and spirit of the Terms of Use. Should your use of the Company be terminated or suspended, you hereby agree that the Company is not liable to you or any third-party for any impact that may result from the termination or suspension of your use of the Company. If your use of the Company is terminated or suspended, the Terms of Use shall still apply to any obligations that remain outstanding and any rights or obligations set forth under those Terms of Use shall remain in full force and effect, including, but not limited to, any indemnities, releases, limitations on liability, etc.

Choice of Law

This Agreement shall be subject to and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

No waiver by you or the Company of any breach or default, or any failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default, or is a waiver or forfeiture of any similar or future rights under these Terms of Use. Section headings used herein are for convenience only and shall have no legal force or effect.

These Terms of Use constitute the entire Agreement and supersede all previous written or oral agreements with respect the subject matter contained herein.

Should any portion of the Terms of Use be determined by a court of competent jurisdiction to be invalid, the remaining provisions or portions shall continue to be valid and in full force and effect.

DISCLAIMER

The Site is a real estate marketplace that assists investors with finding investment properties as well as matching them with service providers throughout the United States. The Company's listing of an investor’s property and/or having Service Provider listing and Featured Service Provider listings are not intended to be an endorsement by any such Users.

If you believe that the Company's use of any investor names or images contains copyrighted information, conflicts with authorized use, and/or does not comply with fair use practices please contact us immediately at contact@investorblock.com and we will remove the images in question.

Last updated: 03/16/17 to Version: 2
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