DealGen© Terms of Use

Updated September 2024

Welcome and thank you for your interest in DealGen© Corp. (“DealGen©”). By clicking a registration or new account submission button, or by otherwise using DealGen's© website, mobile application, or other services provided by DealGen© (collectively, the “Services”), or accessing any content provided by DealGen© through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

1. DealGen©’s Role.

DEALGEN© ACTS AS A PROVIDER OF INFORMATION ON INVESTMENT PROPERTIES. DEALGEN© DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL, INVESTMENT, OR REAL ESTATE ADVICE. DEALGEN© IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANY OTHER USER. DEALGEN© DOES NOT: (A) ACT AS A REAL ESTATE AGENT FOR YOU OR ANY OTHER USER OR (B) REPRESENT YOU OR ANY OTHER USER IN THE PURCHASE, SALE, OR EXCHANGE OF REAL PROPERTY, INCLUDING ANY NEGOTIATION THEREOF. YOU, ALONG WITH ANY INDEPENDENT ADVISORS YOU CHOOSE TO RELY ON, ARE REQUIRED TO MAKE YOUR OWN DECISIONS REGARDING ANY PURCHASE, SALE, OR EXCHANGE OF REAL PROPERTY. DEALGEN© ASSUMES NO RESPONSIBILITY FOR ANY RESULT OR CONSEQUENCE RELATED DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION THAT YOU TAKE BASED ON THE SERVICES OR ANY OTHER INFORMATION AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES.

DEALGEN© PROVIDES TEMPLATES OF CERTAIN LEGAL DOCUMENTS THAT YOU MAY ACCESS OR DOWNLOAD FROM TIME TO TIME. DEALGEN© IS NOT A LAW FIRM AND IS NOT LICENSED TO PROVIDE LEGAL SERVICES OR GIVE TAX ADVICE. DEALGEN©, ITS SERVICES, AND ITS TEMPLATES ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY AND/OR TAX ADVISOR. THEREFORE, WE STRONGLY SUGGEST THAT YOU CONSULT A LICENSED ATTORNEY AND/OR TAX ADVISOR IN YOUR AREA BEFORE COMPLETING THE TEMPLATES. DEALGEN© STRIVES TO KEEP ITS TEMPLATES ACCURATE, CURRENT, AND UP TO DATE. HOWEVER, BECAUSE THE LAW AND TAX CODES AND REGULATIONS CHANGE FREQUENTLY, DEALGEN© CANNOT GUARANTEE THAT ALL OF THE INFORMATION IN THE TEMPLATES OR IN THE SERVICES IS CURRENT. THE LAW IS DIFFERENT FROM JURISDICTION TO JURISDICTION, AND MAY BE SUBJECT TO INTERPRETATION BY DIFFERENT COURTS. NO GENERAL INFORMATION OR TEMPLATES SUCH AS DEALGEN© PROVIDES CAN FIT EVERY CIRCUMSTANCE. FURTHERMORE, THE INFORMATION CONTAINED IN THE TEMPLATES AND/OR THE SERVICES IS NOT LEGAL OR TAX ADVICE AND IS NOT GUARANTEED TO BE CORRECT, COMPLETE, OR UP TO DATE. AT NO TIME DO WE REVIEW YOUR USE OF OUR TEMPLATES FOR LEGAL OR TAX SUFFICIENCY, DRAW LEGAL OR TAX CONCLUSIONS, PROVIDE LEGAL OR TAX ADVICE, OPINIONS, OR RECOMMENDATIONS ABOUT YOUR LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS, OR STRATEGIES, OR APPLY THE LAW TO THE FACTS OF YOUR PARTICULAR SITUATION. IN ADDITION, DEALGEN©’S TEMPLATES AND SERVICES ARE NOT INTENDED TO CREATE ANY ATTORNEY-CLIENT RELATIONSHIP, AND YOUR USE OF THE TEMPLATES AND/OR SERVICES DOES NOT AND WILL NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND DEALGEN©.

MEMBERSHIP INTERESTS IN LIMITED LIABILITY COMPANIES ARE GENERALLY CONSIDERED TO BE “SECURITIES” UNDER FEDERAL AND STATE SECURITIES LAWS. AS SUCH, THE MEMBERSHIP INTERESTS MAY BE REQUIRED TO BE REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION (AND RELEVANT STATE SECURITIES AGENCIES) UNLESS AN EXEMPTION FROM SUCH REGISTRATION IS AVAILABLE. AS NOTED ABOVE, DEALGEN© DOES NOT PROVIDE LEGAL ADVICE. USERS OF OUR TEMPLATES SHOULD CONSULT WITH AN EXPERIENCED SECURITIES LAWYER TO DETERMINE THE MOST APPROPRIATE EXEMPTION FROM REGISTRATION.

2. Eligibility; Accounts and Registration.

You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with DealGen© permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

3. Use of the Services; Restrictions.

A. Use of the Services. As long as you comply with these Terms of Use, DealGen© grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in Section 3(B) below) on your mobile device in object code form, for your personal use. If you are a real estate or lending professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise.

B. Mobile Applications. To use any mobile application feature of the Services (each, an "App"), you must have a compatible mobile device. DealGen© does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. DealGen© may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

C. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use to view, save, print, fax, and/or e-mail such information.

4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:

reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
provide/post/authorize a link to any of the Services from a third-party website without our prior written consent;
remove or modify any copyright or other intellectual property notices that appear in the Services;
use the Services for resale, service bureau, time-sharing, or other similar purposes;
use the Services in any way that is unlawful, or harms DealGen©, its service providers, suppliers, or any other user;
distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
impersonate another person or misrepresent your affiliation with another person or entity;
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by DealGen© for a particular portion of the Services;
upload invalid data, viruses, worms, or other software agents to the Services;
interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures DealGen© may use to prevent or restrict access to the Services;
conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, and any other automated activity for the purpose of obtaining information from the Services) on the Services;
use any of DealGen©'s trademarks without approval, including but not limited to using them as part of your business name, screen name, or email address on the Services;
access or use any of the Services to develop competitive products or services; or
attempt to, or permit or encourage any third party to, do any of the above.

A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If DealGen© changes the fees for all or part of the Services, including by adding fees or charges, DealGen© will provide you advance notice of those changes. If you do not accept the changes, DealGen© may discontinue providing the applicable part of the Services to you. DealGen©’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize DealGen© to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, DealGen© may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (a "Subscription Service"). If you decide to activate a Subscription Service, you authorize DealGen© to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). DealGen© may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your product-specific agreement, you may cancel a Subscription Service through your settings page for the paid feature.

5. Fees.

A. Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to DealGen© images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant DealGen© an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. DealGen© will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. DealGen© may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize DealGen© and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

B. Disclaimer. DealGen© is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. DealGen© may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in DealGen©’s sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against DealGen© with respect to User Materials. DealGen© expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, DealGen© may investigate the allegation and determine in DealGen©’s sole discretion whether to remove the User Materials, which DealGen© reserves the right to do at any time and without notice. For more information on DealGen©’s handling of infringing content, please see Section 10 below.

6. User Materials.

A. Generally. The Services may include links to third-party products, services and websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under DealGen©’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. DealGen© does not endorse, and takes no responsibility for such products, services, websites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that DealGen© may transfer the applicable User Information or other information to the applicable third parties, which are not under the control of DealGen©. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. DealGen© is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

B.Estimates. The Services may include estimates of current and future property prices, rents, and similar metrics. These estimates are provided only for your convenience. DealGen© does not guarantee the accuracy of these estimates and is not responsible for any errors in the assumptions underlying such estimates. It is your responsibility to do your own financial and other due diligence regarding any investment decisions you make, and DealGen© assumes no responsibility for any action you take based on the estimates described above or the Services in general.

C. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to Google Maps. In these cases, the third party will have its own terms of use which will apply to your use of these tools.

7. Third Party/Linked Services/Sent information.

The Services are owned and operated by DealGen©. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“DealGen© Materials”) provided by DealGen© are protected by intellectual property and other laws and are the property of DealGen© or DealGen©’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the DealGen© Materials, and DealGen© reserves all rights to the DealGen© Materials and Services not granted expressly in these Terms of Use. Without limiting the generality of the foregoing, you may not use DealGen©’s application program interfaces (“APIs”) without a valid license granted by DealGen©.
Intellectual Property Notice:
Certain content on the Services may be owned by unaffiliated third parties. The names of actual companies, products, and services mentioned in this policy or in the Services may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. DealGen© does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.

8. Intellectual Property.

If you choose to provide input and suggestions regarding the Services, including related to any DealGen© Materials (“Feedback”), then you hereby grant DealGen© an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

9. Feedback.

DealGen© respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify DealGen©'s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

a. Identification of the copyrighted work that you claim has been infringed;

b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;

c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and

d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent by email to support@DealGen.com. If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement However, we may ask you for a signed statement by mail before we are required to take any action.

10. Claims of Copyright Infringement.

Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting support@DealGen.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from DealGen© to use the Services will terminate automatically. In addition, DealGen© may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. DealGen© may alter, suspend, or discontinue the Services or any portion of the Services without notice. DealGen© will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. DealGen© reserves the right to change these Terms of Use at any time in its sole discretion. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

11. Termination/Changes to Agreement.

A. Privacy Policy. DealGen© will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services.

12. Privacy Policy/Other Terms.

You agree to indemnify, defend, and hold harmless DealGen©, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. DealGen© reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with DealGen©’s defense of that claim.

13. Indemnification.

DEALGEN© PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEALGEN© MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. DEALGEN© EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY,OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING DEALGEN© OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND DEALGEN© MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED WEBSITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

14. No Warranties.

IN NO EVENT WILL DEALGEN© OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF DEALGEN© HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEALGEN© ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF DEALGEN© AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO DEALGEN© FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

15. Limitation of Liability/Exclusive Remedy.

These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims, and actions arising from or in connection with the Services and/or these Terms of Use. DealGen© operates the Services from its offices in Washington, and we make no representation that the Services are appropriate or available for use in other locations.

16. Choice of Law; Disputes.

You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules, and regulations. DealGen© reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If DealGen© makes changes to these Terms of Use, we will provide you with notice of such changes, such as by sending an email, posting a notice on our website or updating the date at the top of these Terms of Use. Your continued use of the Services will confirm your acceptance of the revised Terms of Use. If you do not agree to the amended Terms of Use, you must stop using the Services. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. DealGen© may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. DealGen©'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and DealGen© with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and DealGen© with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 2, 4-8, 10-21.

17. General.

By using the Services, you consent to receiving certain electronic communications from DealGen© as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that DealGen© sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with DealGen© or third parties, such as real estate professionals and Third-Party Providers. Communications through these methods may be routed through a third-party service ("Communications Service"). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by DealGen© or the Communications Service. DealGen© also uses the Communications Service to track phone calls and text messages between you and real estate professionals so that DealGen© and the real estate professional can access certain details about the contact. As part of this process, DealGen© and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by DealGen© and the Communications Service. The information is subject to the Privacy Policy.

18. Consent to Communications.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

19. Notice to California Residents.

The Services are offered by DealGen© Corp. You may contact DealGen© by sending correspondence to that address or by emailing us at support@DealGen©.com.

20. Contact Information.

If you are using our mobile applications on an iOS device, the terms of this Section 21 apply. You acknowledge that these Terms of Use are between you and DealGen© only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of this Section 21, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 21 against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.