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Terms of Use

TERMS OF USE

Last Updated January 07, 2019

THANK YOU FOR VISITING THE FLEQ LLC (“FLEQ”) WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms of Use are effective January 07, 2019 and remain in effect until amended. By using www.fleq.com (this “Website”), you agree to be bound by these Terms of Use (the “Terms of Use”), whether or not you have a registered account with Fleq, and you agree that you are at least 18 years of age and eligible to use this Website. These Terms of Use are a legal document that governs your use of both this Website and any material on it. If you do not agree with these Terms of Use and do not wish to be bound by them, please exit this Website and do not use the Website in the future.

In addition to this Website, Fleq provides Qualified Customers (as defined below) the ability to purchase a home by forming an Alliance. The “Alliance” takes the form of a limited liability company of which a Qualified Customer and Fleq are members (the “Joint Venture”), and allows a Qualified Customer to be part-owner and renter of the home while he/she builds equity. Additional information about forming an Alliance can be found here.

The opportunity to form an Alliance is made available to Qualified Customers, subject to the terms and conditions of those certain customer agreements to be entered into by and between each Qualified Customer and Fleq and/or its affiliated entities (collectively, the “Customer Agreements”). The Terms of Use contained herein do not govern your use of the Alliance as a Qualified Customer, but govern your use of the Website as a visitor and/or an Applicant (as defined below). If there is any conflict between the terms of these Terms of Use and any Customer Agreement, if applicable, the Customer Agreement shall govern.

Changes to these Terms of Use
Fleq reserves the right to amend these Terms of Use or alter its content, in every case at its sole discretion, without notice to you except by posting such amended Terms of Use on this Website. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You should visit this page from time to time to review the then-current Terms of Use. If you do not accept such revisions to these Terms of Use, you should exit this Website and do not use the Website in the future. In addition, certain provisions of these Terms of Use may be superseded by legal notices or terms located on particular pages of this Website.

Accessing the Website and Account Security
Fleq reserves the right to withdraw or amend this Website, and any service or material provide on the Website, in its sole discretion without notice. Fleq will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

To access this Website, or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all of the information you provide on the Website is true, correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy.

Applicants
“Applicants” are people who fill out a paper or on online application (each, an “Application”) to form an Alliance with Fleq. Applicants may be required to create an account on the Website, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and potentially certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time for any reason. Fleq will not be liable for any loss or damage caused by any unauthorized use of your account.

Applications
The Application will require you to (i) provide us with certain sensitive personal information about yourself and information about the property or properties you are interested in purchasing (the “Property”), (ii) permit us to access Third-Party Accounts (as defined below) on your behalf in order to retrieve data about you, which may include additional personal information, and (iii) permit us to perform one or more background checks, all in accordance with all applicable federal, state, and local laws, rules, and regulations (“Applicable Laws”). You agree to cooperate in the Application process (including submitting all required documentation in a timely manner). In addition, you agree to promptly notify us of any changes in any information submitted in connection with your Application.

Third-Party Accounts
By submitting an Application, Applicants hereby expressly authorize Fleq and its affiliates and third-party service providers to provide or provide access to certain of your information and accounts, including, without limitation, financial institutions, brokerage accounts, retirement funds (e.g., 401(k) accounts) (collectively, “Third-Party Accounts”) (i) to verify or re-verify information contained in your Application, (ii) to determine your eligibility for the Alliance, and (iii) for any legitimate business purpose, subject to Applicable Law and our Privacy Policy.

Background Checks and Credit Reports
By submitting an Application, Applicants expressly authorize Fleq and its third-party service providers to perform an initial background check (and subsequent periodic follow-up background checks) on you to help us determine your eligibility for an Alliance. Each background check may include a review of: (i) the information you provided to us in your Application; (ii) your credit history; (iii) information that is publicly available about you, including publicly available criminal and other government records; (iv) information that we obtain from Third-Party Accounts; and (v) whether you have ever been declared bankrupt. In connection with such background checks, we may obtain information about you from sources or references named in your Application, consumer credit reporting agencies, Third-Party Accounts, and other resources and third parties, as permitted by Applicable Law. By submitting an Application, you hereby agree to cooperate with Fleq with respect to background checks, and you shall promptly, upon request from Fleq, provide (or sign) any information, documentation and/or consent that we may require to perform a background check. You acknowledge that your failure to provide the foregoing consent, information, and cooperation as requested by Fleq may preclude you from qualifying to enter into an Alliance. By submitting an Application, you hereby expressly authorize Fleq and its third-party service providers, to provide your information to various government entities, law enforcement entities, and any consumer reporting agencies.

IN CONNECTION WITH YOUR INTEREST IN FORMING AN ALLIANCE, FLEQ REQUESTS YOUR AUTHORIZATION TO ACCESS YOUR CREDIT REPORT. BY SUBMITTING AN APPLICATION, YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO FLEQ UNDER THE FAIR CREDIT REPORTING ACT, WHICH AUTHORIZES FLEQ TO OBTAIN INFORMATION FROM YOUR PERSONAL CREDIT PROFILE OR OTHER INFORMATION FROM ONE OR MORE CONSUMER REPORTING AGENCIES. THE INFORMATION OBTAINED FROM YOUR CREDIT REPORT, AS WELL AS OTHER INFORMATION THAT WE OBTAIN ABOUT YOU IN ACCORDANCE WITH THIS AGREEMENT, WILL BE USED FOR A LEGITIMATE BUSINESS NEED, IN CONNECTION WITH A TRANSACTION INITIATED IN WRITING BY YOU (i.e., YOUR APPLICATION).

Qualified Customers
Fleq reserves the right to reject any Application, for any reason or no reason, at our discretion. If Fleq determines that your Application qualifies you to enter into an Alliance, you will be notified by us, and, upon your execution of applicable Customer Agreements, you shall be deemed a “Qualified Customer.” Your qualification for an Alliance and execution of certain Customer Agreements does not guarantee that Fleq will execute other Customer Agreements with you, or create a Joint Venture with you, all of which shall be done (or not done) at Fleq’s sole and exclusive discretion.

Once you become a Qualified Customer, your participation in an Alliance shall be governed by those Customer Agreements mutually agreed and executed between you and Fleq, if any. Notwithstanding the foregoing, your use of the Website shall continue to be governed by this Agreement.

Fair Housing Act Disclosure
Fleq does business in accordance with the Fair Housing Act. Thus, in connection with its activity under an Alliance, Fleq will not discriminate against any person on the basis the person’s race, color, religion, sex, handicap, familial status (having one or more children), or national origin.

E-SIGN consent
As an Applicant, Fleq may provide you with information relating to an Alliance electronically from time to time. However, we are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. As a result, to provide you with this information electronically instead, we need your consent. We also need your general consent to use electronic records and signatures in our relationship with you. Please carefully review our Esign Consumer Consent Disclosure found here. Your affirmative consent to the Esign Consumer Consent Disclosure is a prerequisite to becoming a Qualified Customer.

Privacy
Please review the Privacy Policy which also governs your visit to this Website, to understand the privacy practices of Fleq and how your information may be used by Fleq. Fleq values your privacy and takes all foreseeable precautions to safeguard your non-public private information. Fleq may retain the information provided by you in an effort to safeguard your privacy, comply with Federal and State regulations and in its discretion access for future use if it is determined that Fleq has one or more products to suit your needs.

Ownership of this Website
This Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fleq or licensed to Fleq by its licensors, and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Fleq and its licensors, as applicable, retain all proprietary rights to such content. The trademarks, logos and service marks displayed on this Website are common law trademarks of Fleq and others.

Use of this Website
Subject at all times to these Terms of Use, Fleq grants you a limited license to access and make use of this Website and the materials contained on this Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Fleq. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses of this Website
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

Use any device, software or routine that interferes with the proper working of the Website.

Reliance on Information Posted
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fleq, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Fleq. Fleq is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

This Website is provided for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLEQ NOR ANY PERSON ASSOCIATED WITH FLEQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER FLEQ NOR ANYONE ASSOCIATED WITH FLEQ REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FLEQ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL FLEQ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless Fleq, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Pennsylvania, in each case located in the City of Greensburg and County of Westmoreland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver by Fleq of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fleq to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
These Terms of Use together with Fleq’s Privacy Policy constitute the sole and entire agreement between you and Fleq with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe that your work has been posted on this Website in a way that constitutes copyright infringement, please provide our Copyright Agent (described below) with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on this Website; (d) your name, mailing address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Website should be sent to our copyright agent (the “Copyright Agent”) at: info@fleq.com.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@fleq.com.

Thank you for visiting the Website.
Contact Fleq
Fleq LLC
1594 Mission Road
Latrobe, PA 15650
Email: info@fleq.com
Phone: (310) 220-6313

© 2019 Fleq LLC. All Rights Reserved.

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