Date of Last Revision: November 6th, 2024
Welcome to Dealflix! Dealflix, Inc. (“Dealflix,” “we,” “us,” or “our”) provides its services (described below) to you through its website located at [insert site URL] (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and indicate the date these terms were last revised at the top of this page. We will also notify you, either through the Services’ user interface, via email, or through other reasonable means. Changes will become effective no earlier than fourteen (14) days after they are posted, except for new functionalities or legal updates, which will be effective immediately. Your continued use of the Service after any changes become effective constitutes your acceptance of the updated Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO ARBITRATE DISPUTES.
Access and Use of the Service
Service Description: Dealflix is a platform for commercial real estate (CRE) brokers to showcase, market, and monetize their deals, properties, and related services (“Broker Content”). The Service allows brokers to manage and streamline aspects of their business, providing buyers and other site users (“Customers”) access to Broker Content on the Dealflix platform.
Platform Functionality: Dealflix is not a party to any transactions regarding the purchase and sale of Broker Content conducted through the Service—such transactions are solely between Brokers and Customers. Dealflix does not create or own the Broker Content available through the Service. Brokers are solely responsible for ensuring their Broker Content complies with all applicable laws, rules, and regulations and that the Broker Content described and made available through the Service is delivered as promised in an accurate and satisfactory manner.
Dealflix has no control over, and does not guarantee:
Your Registration Obligations: To access certain features of the Service, you may be required to register with Dealflix. By registering, you agree to provide and maintain accurate, current, and complete information about yourself as prompted by the registration form. Registration data is governed by our Privacy Policy.
Identification and Social Media
As part of the Service, Dealflix may collect certain identification information from users, such as name, email address, phone number, and company information, when creating an account. Dealflix may also collect information you make available through social media platforms when interacting with our official accounts on platforms like LinkedIn, Facebook, or Twitter. Information from social media interactions may be collected based on your settings with the social media platforms.
Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities occurring under your account. You agree to:
Dealflix is not liable for any loss or damage resulting from your failure to comply with these requirements.
Modifications to Service
Dealflix reserves the right to modify or discontinue the Service (or any part thereof) temporarily or permanently, with or without notice. Dealflix will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Mobile Services and SMS/MMS Text Service
The Service includes features accessible via mobile devices, including content upload, browsing, and application access on a mobile device (collectively, the “Mobile Services”). By using the Mobile Services, you consent to receive notifications regarding Dealflix via SMS, MMS, text messages, or other electronic means.
Standard charges from your wireless carrier may apply. In the event you change or deactivate your mobile number, you agree to update your Dealflix account information to avoid messages being sent to someone else. You may unsubscribe from receiving messages by following the instructions provided in each message, such as texting “STOP” to cancel.
User Conduct and Responsibilities
You are solely responsible for all content you upload or use via the Service. The following are examples of prohibited activities on Dealflix, and we reserve the right to investigate and take legal action, including terminating accounts, for violations:
By using the Service, you agree to comply with anti-spam laws, including the CAN-SPAM Act, and indemnify Dealflix from any violation of such laws.
Permissions and Regulatory Compliance for Brokers
If you are a Broker, you represent and warrant that you:
Failure to obtain or maintain appropriate permissions may result in account termination, and you agree to release and indemnify Dealflix from any liability associated with your compliance obligations.
Payment and Fees
If Dealflix or any portion of the Service is offered for a fee, you agree to provide Dealflix with payment information and authorize us to bill your payment instrument in accordance with the selected plan terms. Changes to prices will be communicated to you with reasonable notice, and continued use of the Service constitutes agreement to the updated fees.
Intellectual Property Rights and Content Licensing
You acknowledge that the Service contains proprietary content, including copyrights, trademarks, and trade secrets. You agree not to engage in unauthorized data mining, scraping, or use of Dealflix content without permission.
License to Materials Transmitted: By uploading any content or materials to the Service, you grant Dealflix and its affiliates a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, display, distribute, and modify your content in connection with the Service.
Third-Party Social Networking and Links
The Service may contain links to or integrations with third-party websites, including social media and networking services. Dealflix has no control over these sites and does not endorse them. Please review these sites’ privacy policies and terms. Dealflix is not liable for any damages resulting from interactions with these third parties.
Indemnity and Release
You agree to release, indemnify, and hold Dealflix harmless from any claims, losses, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” DEALFLIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Dealflix does not guarantee that:
Limitation of Liability
Dealflix will not be liable for any indirect, incidental, or consequential damages, or damages for loss of profits, resulting from:
In no event will Dealflix’s liability exceed the amount you have paid in the past six (6) months or $100, whichever is greater.
Dispute Resolution by Binding Arbitration
All disputes or claims between you and Dealflix arising from these Terms or the Service will be resolved through binding arbitration. You agree to waive the right to a trial by jury or to participate in a class action.
Termination
Dealflix reserves the right to terminate your account and access to the Service for any reason, including suspected fraud or abuse. Upon termination, Dealflix has no obligation to maintain or store your account data.
General Terms
These Terms constitute the entire agreement between you and Dealflix, governed by California law. Any claims related to the Service must be filed within one year after they arise. You may not assign these Terms without our consent, but Dealflix may assign them without restriction.
Your Privacy
At Dealflix, we respect your privacy. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal information as outlined.
Contact Us
If you have questions or concerns about these Terms, please contact us at zach@dealflix.io
Notice for California Users
Under California law, California residents may contact the California Department of Consumer Affairs.