TERMS AND CONDITIONS
The following terms and conditions govern all access to and use of Pointer Data LLC’s applications and services (together, “Pointer Data Services”, “our services”) including all contents, services and products available at or through our services.
Pointer Data Services are owned and operated by Pointer Data LLC (“Pointer Data”, “we”, “our” or “us”). Pointer Data Services are offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published on the Website from time to time (collectively, the “Agreement”).
Please read the Agreement carefully before accessing or using Pointer Data Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use Pointer Data Services.
1. Description of our Services
Pointer Data’s Bird Dog is an Off Market Prospects cloud-based solution that simplifies finding motivated sellers of Real Estate.
Pointer Data may also, in the future, update its current services and/or features or offer new services and/or features (including the release of new tools). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.
2. Use Restrictions and Intellectual Property
All data obtained from our products is intended only for your personal business use. You shall not sell, license or distribute data in any form to third parties or use data as a component or as a basis for any material offered for sale, license or distribution. Use of data to create mailing or marketing lists for commercial purposes or for distribution to third parties is strictly prohibited.
Client will not, and will not allow any third party (including any End Users) to:
2.1. decompile, disassemble, reverse, engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services and/or Deliverables by any means, or disclose any of the foregoing;
2.2 . provide, rent, lease, lend, or use the Services and/or Deliverables for timesharing, subscription, or service bureau purposes, except as expressly set forth in the Agreement;
2.3. sublicense, transfer or assign the Services and/or Deliverables or any of the rights or licenses granted under the Agreement; or remove or obscure any trademark, product identification, proprietary marking, copyright or other notices provided with the Services, Deliverables or related documentation;
2.4. interfere with or disrupt the integrity or performance of any Service, Deliverables, or third-party data contained therein,
2.5. permit direct or indirect access to or use of any Services and/or Deliverables in a way that circumvents a contractual usage limit, or use any Services and/or Deliverables to access or use any of Pointer Data LLC´s intellectual property except as permitted under this Agreement, an Order Form, or the Documentation,
2.6. modify, copy, or create derivative works based on the Services and/or Deliverables or any part, feature, function or user interface thereof, except as expressly set forth in the Agreement
2.7. access the Services and/or Deliverables to:
a. build a competitive product or service,
b. build a product or service using similar ideas, features, functions or graphics of the Services and/or Deliverables, or
c. copy any ideas, features, functions or graphics of the Services and/or Deliverables or create derivative works based on the Services and/or Deliverables or any part, feature, function or user interface thereof,
2.10. use the Services and/or Deliverables to store or transmit infringing, libelous, obscene, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party intellectual property or privacy rights,
2.11. use the Services and/or Deliverables to store or transmit any code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses, or
2.12. use the Services and/or Deliverables in furtherance of illegal activities, or any activities that may be harmful to any third party, or Pointer Data LLC’s operations or reputation.
The Agreement does not transfer any of Pointer Data’s or any of Pointer Data’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with Pointer Data LLC or Pointer Data’s licensors (as applicable).
All Pointer Data LLC and Bird Dog Solutions trademarks, service marks, trade names, logos, domain names, and any other features of the Pointer Data brand are the sole property of Pointer Data LLC. Your use of our services grants you no right or license to reproduce or otherwise use any of Pointer Data’s trademarks, service marks, trade names, logos, domain names or any other features of the Pointer Data brand, whether for commercial or non-commercial use.
In order to use Pointer Data Services, you must be 18 years of age or older, or be 13 years of age or older and have your parents’ or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.
Pointer Data LLC recognizes that individuals value their privacy.
Pointer Data LLC will request personal information, such as name, email address, and possibly your telephone number if you wish to become one of our Clients. Your response to these inquiries is mandatory in order to create an account with us and receive the full benefits of our site. Pointer Data LLC may use this information to customize your experience on our website. In addition, Pointer Data LLC may use this information for other business purposes, such as alerting Clients to products and services that can assist them in their business, promote website registration, and assist in order processing. It is our assumption that visitors to and Clients of our site have an interest in receiving a reasonable number of e-mails from us which inform and educate them about how to profit from Real Estate.
In general, our website can be visited and some data can be obtained without divulging all of the above-referenced personal information. However, there are areas of this site which require the above information in order to provide a comprehensive view and may therefore not be available to those choosing not to reveal the information requested.
We do not store or save any personal financial information such as bank account numbers, debit card or credit card numbers on our site. Our financial transactions are forwarded, via secure transmission (SSL), to our credit card processor, where charges and/or debits are made from our customer accounts.
You may access and use Pointer Data Services on any of our subscription plans:
a. Basic: This subscription plan allows you to access our platform that includes different leads lists; or
b. Pro: Pointer Data introduces more complete information on each property owner for them to be contacted.
You may only use Pointer Data Services within the limits of your subscription level. You may upgrade your subscription level. Pointer Data reserves the right to update these terms as we introduce different plans.
6. Third Party Sites
Contents and links to our website and in our emails may direct you to third-party contents. Third-party Sites are not under our control, and we are not responsible for and do not endorse their contents or their privacy policies (if any). Our products or services do not guarantee or warrant the products or services of other providers, including, but not limited to, real estate brokers, agents, lenders, and escrow settlement companies. Pointer Data have no control over the contents within the third-party sites, and do not warrant the information you may find there.
We reserve the right to change the Agreement at any time and for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page. Your continued use of or access to our services following the changes to the Agreement constitutes acceptance of those changes.
Pointer Data may terminate the Agreement and suspend your access to all or any part of the Pointer Data Services immediately by contacting you at your email address on record if:
8.1. you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
8.2. we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must cease usage of the Pointer Data Services.
9. Disclaimer of Warranties
To the maximum extent permitted by law, Pointer Data Services are provided “as is” and “as available”. Pointer Data hereby disclaims all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. Pointer Data does not warrant that Pointer Data Services will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using Pointer Data Services at your own discretion and risk.
The provisions in this clause do not affect your statutory or mandatory rights, which cannot be excluded by applicable law.
10. Limitations of Liability
None of our products, contents nor any of its officers, directors, investors, employees, contractors, agents, and successors shall be liable or responsible for any direct, indirect, incidental, special, or consequential damages connected to the use of this Website or our services. In no event shall Pointer Data LLC or contributors of data be liable for any lost profits or other consequential, exemplary, incidental, indirect or special damages, even if advised of the possibility of such damages. Our services shall not be construed as legal or financial advice.
Our maximum aggregate liability under or in connection with the Agreement shall in all circumstances be limited to the fees paid, if any, by you to Pointer Data.
Pointer Data shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
You represent and warrant that your use of Pointer Data Services will be in strict accordance with the Agreement. In particular, you represent and warrant that:
11.1. you will comply with the Terms of Services at all times;
11.2. you will provide us with accurate information (where required);
11.3. you will not use Pointer Data Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data into Pointer Data Services;
11.4. you will not infringe our intellectual property rights or those of any third party in relation to your use of our services;
11.5. you will not do any of the following in relation to your use of Pointer Data Services:
a. be obscene, offensive, hateful,
b. defame any person,
c. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
d. promote violence,
e. promote any illegal activity,
f. disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
g. harass, upset, embarrass, threaten, alarm or annoy any other person,
h. be likely to mislead or deceive any person,
i. impersonate any person or misrepresent your identity or affiliation with any person;
11.6. you will not use the Pointer Data Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
12. Renewal, Cancellation and Refund Policy
A notification will be sent to the Client prior to the subscription becoming due. The Client should make sure their chosen payment method is active and valid. Should the Client want to continue accessing our services, payment must be done not later than the renewal date. Failure to pay will result in access to the tool being revoked.
A Client may cancel registration anytime by disabling the auto renewal option in their client portal. Cancellation does not provide refunds but suspends future renewal charges and access to our services website after the subscription is due.
You may cancel Registration at any time.
You agree to indemnify and hold harmless Pointer Data LLC and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Pointer Data Services, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between Pointer Data LLC and you concerning the provision of the Pointer Data Services.
The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, on any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.
We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights under the Agreement.
Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect, and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
If you have any questions, comments or requests regarding the Agreement, please email email@example.com.