Update capital, Inc.
Website Account - Terms of SERVICE
IMPORTANT: PLEASE CAREFULLY READ THIS ENTIRE AGREEMENT. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OR EXCLUDE LIABILITY TO YOU. THESE TERMS OF USE GOVERN YOUR USE OF THE UPDATE CAPITAL SERVICE, UPDATE CAPITAL WEBSITE or any other website Update Capital provides services for, AND USER INTERFACES, INCLUDING ALL FEATURES AND FUNCTIONALITIES, AND ALL ASSOCIATED CONTENT AND SOFTWARE (THE “UPDATE CAPITAL SERVICE”). CLICKING THE “I ACCEPT” BUTTON BELOW, OR USING THE UPDATE CAPITAL SERVICE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES THAT YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON BELOW, OR STOP USING THE UPDATE CAPITAL SERVICE.
IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER BUSINESS ENTITY, YOU AGREE TO THIS AGREEMENT ON BEHALF OF SUCH CORPORATION OR OTHER BUSINESS ENTITY AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND SUCH CORPORATION OR OTHER BUSINESS ENTITY TO THE PROVISIONS OF THIS AGREEMENT.
These Website Terms of Service (the “Agreement”) are an agreement between you (“You”) and Update Capital, Inc. (“Update Capital”). The Effective Date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure outlined.
ARTICLE 1 – BACKGROUND
Update Capital provides a proprietary software-as-a-service, allowing real-estate professionals to communicate with their investors.
ARTICLE 2 — DEFINITIONS
In this Agreement:
- 2.1 Account: means Your User membership account to the Update Capital Website or any other website Update Capital provides services to, represented by Your unique User ID and Password, which allows You to utilize the Update Capital Service.
- 2.2 Additional Agreements: means any additional contracts or terms and conditions which You may be required to accept in connection with Your use of the Update Capital Service.
- 2.3 Aggregated Data: means a compilation of multiple users’ data relating to the use of the Update Capital Service with respect to which Update Capital has taken commercially reasonable precautions to ensure that no individual, particular transaction or entity can be identified.
- 2.4 Identification: shall have the meaning ascribed thereto under Section 4.1.
- 2.5 Update Capital Data: means any proprietary information, documents, records, materials or data provided to You or accessible by You through use of the Update Capital Service.
- 2.6 Update Capital Service: means the update capital service, Update Capital website or any other website Update Capital provides services for, and user interfaces, including all features and functionalities, and all associated content and software.
- 2.7 IP Rights: means any intellectual property rights recognized by law (including any intellectual property rights protected through legislation such as governing patents, trade-marks, copyrights and industrial designs) and includes, without limitation, all rights in any copyright, patent, Mark, trade secret, confidentiality right, moral right, goodwill, design, distinguishing guise, data flow, product specification, schematic document, source code, object code, data map, invention, discovery, improvement, and all intangible rights or privileges of a nature anywhere in the world similar to the foregoing, whether or not registered or registrable and shall include applications, granted or issued registrations, and extensions and renewals in relation to any such rights.
- 2.8 Mark: means identity elements used by Update Capital including, without limitation, its name and logo and such other trade-marks, trade names, trade dress, distinguishing guise, and service marks that Update Capital uses or to which it has registration, common law or licensed rights
- 2.9 Password: means the initial code provided by Update Capital and which You subsequently create or change that, in combination with the User ID, allows You to access your Account.
- 2.10 Term: shall have the meaning ascribed thereto under Section 8.1.
- 2.11 User Fee: means the fee which You agree to pay in consideration for User access to the Update Capital Service.
- 2.12 Website: means the Update Capital website located at www.updatecapital.com or any other website Update Capital provides services to.
- 2.13 You or Your: means the person creating or using an Account on behalf of a User and includes any corporation, partnership or other business entity on whose behalf such person is acting.
- 2.14 Your Data: means any data, information or materials gathered, compiled, uploaded, created or authored by You using the Update Capital Service, but does not include information or other data proprietary to Update Capital.