Terms And Conditions

Welcome to https://flppd.co, (collectively, “website” or “site” or “platform”) as operated by FLPPD DEVELOPMENT GROUP LLC (“Company” or “we” or “Our” or “FLPPD”). Our website and mobile applications allows Users showcase off-market investment properties, allows users to apply for Real Estate Financing, and also gives users the ability to network with other users via the messenger area (‘The services’). The Company makes this Service available to users of the Service subject to these terms of use (the "Terms"). These Terms represent a legal contract between you, a user of the Service and FLPPD.

1. USAGE/ ELIGIBILITY

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify FLPPD for any losses, costs or damages, including reasonable legal fees, incurred by FLPPD in relation to, or arising out of, such a breach.

2. ACCEPTANCE OF THE TERMS

Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms, our Privacy Policy and any additional posted guidelines, rules and terms applicable to specific services, features, and downloadable applications, which may be posted from time to time (collectively, the "Guidelines"). Our Privacy Policy and such Guidelines are incorporated by reference into these Terms.

If you do not agree to these Terms, the Privacy Policy or the Guidelines, you must not access or use the Service.

3. ACCOUNT REGISTRATION

In order to use certain features of the Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.

You may create an Account as an individual or as an authorized representative of a company.

You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.

You hereby represent and warrant to us that you have reached the age of maturity or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. SERVICE

The Platform is an online service that allows users showcase off-market investment properties, allows users to apply for Real Estate Financing to communicate with other users using the contact details provided in the Listings.

FLPPD itself is not an importer, manufacturer, distributor, or seller of any item, as well as not a provider of any service posted by users on the Platform. In addition, FLPPD is neither a marketer nor a person acting on user's behalf with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and FLPPD itself is not a party to such transactions. FLPPD provides users with an opportunity to communicate.

Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.

FLPPD reserves a right to delete or block access to Listings posted by users without any notice in the event of: (i) receiving of mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform; (iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that listings posted by user on the Platform breaches these Terms or any applicable law, regulation, rule or standard.

FLPPD is authorized to delete or block Listings of users regardless of providing a user with the relevant substantiation.

FLPPD retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of FLPPD’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that FLPPD has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that FLPPD will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.

The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third-Party Ads are not under the control of FLPPD and FLPPD is not responsible for any Third-Party Ads. FLPPD provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party.

You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users or any Third Party Ads.

5. POSTING OF LISTINGS BY USERS

A user shall provide to FLPPD any documents confirming the legitimacy of posting of Listings and identity documents upon FLPPD’s request.

A user, who posts Listings with regard to services on the Platform, shall provide precise and complete information about such services, as well as about the terms and conditions of services provision.

The terms and conditions of services provision developed by the user shall not interfere with these Terms and applicable laws.

Price of goods or services shall be exact. If it is perceived to be changed due to any specific circumstances, this shall be provided in the listings.

6. FEES

The Platform is generally free; however, it may contain payable services. For instance, we may set limits for publishing Listings in certain categories or offer advertising options for Listings on the Platform.

The fees we charge for using payable services and payment methods accepted by us are disclosed on the Platform. Presently, we charge subscription fees of $39.95 per month and individual transactions per listed Real Estate Events.

We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.

Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.

7. USER REPRESENTATIONS AND WARRANTIES

By using the Service, you represent and warrant that:

  • You have the legal capacity and you agree to comply with the Terms;

  • If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;

  • You are above 18 years of age;

  • You will or have provided true, accurate, and complete information in your Account;

  • You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;

  • You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by the third parties;

  • You will notify FLPPD of any unauthorized access to your Account;

  • You will not provide any false or misleading information about your identity or location in your Account;

  • You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;

  • You will not use the Service for any illegal or unauthorized purpose;

  • You will not post on the Platform Listings that offer for sale or exchange any Prohibited Items (Guns, Missiles, ammunition and any product contrary to public policy in general)

  • You will not post on the Platform Listings that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.

  • You will not post on the Platform Listings that include:


 

  • false, misleading or deceptive statements;

  • personal or identifying information about minors or other persons without the proper consent;

  • pornographic, overtly sexual materials;

  • depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;

  • defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;

  • advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;

  • appeals to violence and unlawful actions;

  • offers of prostitution or other services contradicting moral or legal norms;

  • services, provision of which is prohibited by the applicable law;

  • information of solely promotional nature with no offers of specific goods or services;

  • Counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and

  • direct or indirect references to any other web sites, references or information about websites competing with the Platform;

  • You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform;

  • You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform;

  • You will not copy, modify, distribute any other User Content without consent of the respective user;

  • You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;

  • You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;

  • You have a legal title to the items offered for sale in your listings; and

  • You have the necessary license or are otherwise authorized, as required by applicable law, to offer your listings.

8 INDEMNITY

You agree to indemnify and hold FLPPD, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. FLPPD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF FLPPD TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF LISTINGS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US FOR SUBSCRIPTIONS PRIOR TO ANY PERIOD OF CAUSE OF ACTION ARISING OR $39.95

10. INTELLECTUAL PROPERTY RIGHTS

Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and FLPPD does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that FLPPD may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

You grant FLPPD the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.

You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.

Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to or are licensed by FLPPD representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of FLPPD is not allowed. Notice for Claims of Intellectual Property Violations and Copyright Infringement

If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to FLPPD requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:

  • an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed;

  • the objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided;

  • you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement;

  • you shall provide contact information so that FLPPD would be able to contact you, for example, address, phone number, and email address;

  • signed application with regard to your faithful and reasonable belief in those materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;

  • signed application with regard to that a holder of intellectual property rights releases FLPPD from any third parties' claims related to deletion of relevant materials by FLPPD;

  • signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of the exclusive right, which has been supposedly infringed;

  • statutory regulations which you believe to be violated in connection to using of disputable content;

  • state, in which territory you believe the rights to be infringed;

  • Copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.

The relevant notification shall be sent to email info@flppd.co

11. APP USE LICENSE

When you use the Services through the App, then FLPPD grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:

  • Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;

  • make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;

  • go against any applicable laws, regulations, or rules regarding your use of the App;

  • alter, remove, or obscure any of FLPPD’s proprietary notice, and the licensor of the App;

  • make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;

  • use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;

  • use the App to send automated queries or unsolicited commercial emails to any platform; and

  • Make use of any proprietary information of FLPPD in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.

12. TERMS REGARDING APPLE AND ANDROID DEVICES

The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and FLPPD only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and FLPPD (which is not an App Distributor) is directly responsible for the App and the App Content thereof.

  • Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions agreement.

  • Maintenance and Support: FLPPD is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no App Distributor is responsible for any support and maintenance services in relation to the App.

  • Warranty: FLPPD is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be FLPPD ’s sole responsibility.

  • Service Claims: You hereby agree that FLPPD (not an App Distributor) is liable for addressing any of your claims or those of a third party relating to the App or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.

  • Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • Legal Compliance: You represent and warrant that (i) you do not reside in a country that is subject to a United States government embargo, or that has been designated by the United States government as a ‘terrorist supporting’ country; and (ii) you are not on any United States government list of prohibited or restricted parties.

  • Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the App. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.

  • Third Party Beneficiary: Both you and FLPPD acknowledge that the App Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Distributor will have the right to enforce these Terms against you as a third party beneficiary thereof.

13. CHANGES

If FLPPD decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

14. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of https://flppd.co is hereby governed by, and constructed and enforced in accordance with the laws of Texas, US. The competent courts in Texas, US, shall have the exclusive jurisdiction to resolve any dispute between you and FLPPD.

15. MISCELLANEOUS PROVISIONS

Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.

If we fail to take any action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

In no event shall FLPPD be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside FLPPD's reasonable control.