Amitree Terms of Use

These Terms were last updated on 10/24/2017

Welcome

We are Amitree, Inc.. We make Folio, a web application and browser extension for real estate agents. Folio helps real estate agents and other professionals organize and manage their transactions within G Suite.

This is our Terms of Use Agreement (the “Terms” or “Agreement”). It explains the terms by which you may use Folio and other services provided with Folio (the “Service”). Binding Agreement: This is a binding agreement. It applies to all authorized users of Folio. These Terms include our Privacy Policy. Please read this Agreement carefully before installing and using Folio. By using Folio you agree to the these Terms.

Effective Date: These Terms are effective as of the “Last Updated” date specified above. We may change these Terms at any time, and we will notify you of any material changes by means that will be obvious to you. If you keep using the Service, you have agreed to the modified terms.

Authorized Users: Folio is intended for real estate agents, real estate professionals, and their clients. We assume that if you are buying or selling a house, or helping someone do so, you are old enough to use Folio. But, to put a fine point on it: you must be an adult, old enough to enter into a binding agreement to use Folio. If you are using Folio and are a part of a company or other organization, then your company or organization will be bound to these Terms. If you use Folio, you represent to us that you are authorized by your company or organization to use it, and to agree to these Terms.

Children Under 13: Our Service is not for children under 13. If you are under 13, you are not permitted to install Folio. We do not knowingly collect personal information from children under 13. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@amitree.com.

Your Account

All information you provide to us is truthful and accurate. You may be required to update your registration information as necessary from time to time.

You are solely responsible for the activity that occurs on your account. We will not be liable for any losses caused by any unauthorized use of your account.

You give us permission to use your email address to send you Service-related notices, including any notices required by law, instead of postal mail. We may also send you by email other messages, such as updates to these Terms and changes to features of the Service.

Account Access

If you have an account, you have the right to access and use the Service. This right is non-exclusive, non-transferable, and governed by this Agreement. We reserve all rights not expressly granted. We may terminate this license and your access to the Service at any time for any reason or no reason (though it is certainly not our intention to do that - we’d rather our users use the product!). Now, here are some basic rules that should go without saying, but our lawyers tell us we have to say them.

When accessing and using the Services, you must:

• Not attempt to undermine the security or integrity of Amitree's computing systems or networks or, where the Service is hosted by a third party, that third party's computing systems and networks;
• Not use, or misuse, the Service in any way which may impair the functionality of the Service, or other systems used to deliver the Service or impair the ability of any other user to use the Service;
• Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Service is hosted;
• Not transmit, or input, any files that may damage any other person's computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
• Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Service except as is strictly necessary for normal operation.

Each user is responsible for the outcome of any decisions or actions taken based on the information or recommendations provided by the Service.

Confidentiality and Privacy

Privacy

Amitree has a privacy policy (part of this Agreement) that sets out the parties’ obligations regarding personal information: www.amitree.com/privacy-policy. We urge each of our users to read our privacy policy and are happy to answer any questions you have about it at support.amitree.com.

Confidentiality

Each one of us (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) under this Agreement. Confidential Information is any information which reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. It does not have to be labeled “Confidential,” but if it is, that’s a clear indicator to the Receiving Party that the material is confidential.

Confidential Information does not include information that:

• is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party;
• was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party;
• is received from a third party without breach of any obligation owed to the Disclosing Party; or
• was independently developed by the Receiving Party.

Without the prior written consent of the other, or unless required by law, we each will preserve the confidentiality of all Confidential Information of the other obtained using the Service. Neither of us will disclose or provide any Confidential Information to any third party, or use the Confidential Information same for its own benefit, other than as contemplated by these Terms.

Your Account Information

We will not disclose your account information except if compelled by law, permitted by you, or pursuant to the terms of the Amitree Privacy Policy.

From time to time, we may use or release non-personally-identifying information, or publicly available information gathered from the users of our Service for the purposes of analysis of real estate trends and data. See our Privacy Policy.

Intellectual Property

General

“Intellectual Property” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world registered or not.

Simple version: Our Intellectual Property remains our Intellectual Property. Wordy version: Your use of the Services does not transfer from us to you any of our Intellectual Property or any Intellectual Property licensed to us by third parties. As between you and us, all right, title and interest in and to any of our Intellectual Property remains solely with us. “Amitree,” the Amitree logo, “Folio,” the Folio logo, and all other trademarks, service marks, graphics and logos used by Amitree or Folio are trademarks or registered trademarks of Amitree or Amitree’s licensors. Other trademarks, service marks, graphics and logos used with the website may be the trademarks of other third parties. Your use of the Service or our website grants you no right or license to reproduce or otherwise use any Amitree or third-party trademarks.

You Own Your Data

Your Intellectual Property remains your Intellectual Property. By using our Service, you grant us a worldwide, non-exclusive license to use, copy, transmit, store, and backup your information and data to enable you to access and use the Services and for any other purpose related to provision of Services to you.

Backup of Data

You must maintain copies of all data you input into the Service. Amitree adheres to its best practice policies and procedures to prevent data loss, but we make no guarantees. Our Service is provided AS IS and AS AVAILABLE.

If it is super important, back it up, because that is not a part of the Service, and in no event will we have responsibility or liability to you for the availability, timeliness, security or reliability of the Service. We reserve the right to modify, suspend or discontinue the Service at any time with or without notice to you, and without any liability to you.

Content Posted on Other Websites

Amitree has no control over non-Amitree websites and webpages, and is not responsible for their contents or their use. By linking to a non-Amitree website or webpage, Amitree does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Amitree disclaims any responsibility for any harm resulting from your use of non-Amitree websites and webpages.

Acknowledgements, Warranties and Indemnification

Acknowledgement

You acknowledge that:

• You may use the Service to access the information and data you input, including any information or data input by your invited users or others you have authorized to use the Service and access your account. You are authorized to access the processed information and data made available to you through your use of the Service (whether that information and data is your own or that of anyone else).
• Amitree has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you.
• If you use the Service on behalf of or for the benefit of anyone other than yourself, you have legal permission to do so, you authorize any person given access to information or data, and you agree that Amitree has no obligation to provide any person access to such information or data without your authorization and may refer any requests for information to you to address.

NO WARRANTIES

Amitree gives no warranty about the Services. Without limiting the foregoing, Amitree does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded to the fullest extent permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Amitree does not warrant that using the Service will be uninterrupted or error free. The operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Amitree is not in any way responsible for any such interference or prevention of your access or use of the Services.

It is your sole responsibility to determine that the Services meet your needs and are suitable for the purposes for which they are used.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Amitree excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service.

If you are not satisfied with the Service, your sole and exclusive remedy is to terminate the Services

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Amitree, against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. your use of Folio;
2. your violation of any term of these Terms; or
3. your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of these Terms and your use of the Service.
4. Our refusal to provide any person access to your information or data;
5. Our making information or data available to any person with your authorization.

Termination

No-fault termination

We may terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate this Agreement or the Service by uninstalling Folio and choosing the option to delete your account. If you are in doubt about whether you have deleted your account, please contact our support.

Breach

If you breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach can be remedied, or if the breach is not capable of being remedied, then, at our sole discretion, we may suspend your use of the Service for any definite or indefinite period, or terminate this Agreement and your use of the Service.

Accrued Rights

Termination is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will immediately cease to use the Service.

Survival of Certain Provisions

All provisions of this Agreement which by their nature should survive termination shall survive termination, including Confidentiality and Privacy, Intellectual Property Acknowledgements, and Warranties and Indemnification sections of these Terms.

Technical Issues

Technical Problems

If you need technical help, please contact us and we will be happy to help. We ask that you contact us via support.amitree.com.

Service Availability and Events Beyond Our Control

While Amitree intends that the Service be available 24 hours a day, seven days a week, it is possible that the Service may be unavailable because of maintenance, development activities, or for reasons beyond our control.

If Amitree must interrupt the Services for longer periods than we would normally expect, we will use reasonable efforts to publish in advance details of such activity on the website.

Under no circumstances shall Amitree be held liable for any delay or failure in the website, or any of the Services or information on the website directly or indirectly resulting from, arising out of, relating to or for events beyond the reasonable control of Amitree, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. This paragraph is not intended to limit the limitation of Limitation of Liability section above.

General

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or your actual state or country of residence. Your use of Folio or by visiting our website does not give rise to personal jurisdiction over Amitree, either specific or general, in jurisdictions other than San Francisco, California, U.S.A.

Arbitration – Class Action / Jury Trial Waiver

This agreement contains a mandatory individual arbitration and class action waiver. It requires that we resolve any disputes you and we might have by using private arbitration instead of a jury trial or class action lawsuit. We prefer to use arbitration because it is a faster, more convenient, and often much less expensive dispute resolution process.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without posting a bond), any dispute arising under this Agreement shall be finally settled under the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed under such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement or the arbitration award shall be entitled to costs and reasonable attorneys’ fees. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AMITREE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Entire Agreement

These Terms, with the Privacy Policy and any other legal notices published by Amitree on the website, shall constitute the entire agreement between you and Amitree concerning the Service. It may only be modified by a written amendment signed by an authorized executive of Amitree, or by Amitree posting a revised version here.

Assignment

These Terms, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by us without restriction or limitations.

Severability

If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitation

Unless prohibited by law, any cause of action arising out of or related to the Service or the website must commence within one (1) year after the cause of action occurs. Otherwise, it shall be permanently barred.

Communications between Us

From Us to You. By registering with us, you expressly agree to receive communications from us, including promotional communications, by mail, email, or otherwise, from time to time. If you wish not to receive these communications, contact us. Our contact information is below, at the end of this Agreement.

From You to Us. We LOVE to hear from you. We want your feedback. The more suggestions you make, the better we can make the Services. We really want you to send feedback. When you send in your comment, you grant us a free, unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any your comments, feedback, suggestions, ideas, musings, ruminations, thoughts and ideas for any purpose (or not). We thank you here, but we will have no obligation to use your idea, and if we do, to acknowledge or compensate you or anyone else for that use.

Contact and California Residents

The provider of Services is Amitree, Inc. You can reach us by telephone at (415) 779-8733, or by email at info@amitree.com.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. For Insurance Services, you may report any complaints to the insurance regulator in your state.