Effective Date: July 31, 2023
This Terms of Use and Services Agreement ("Agreement") is entered into by and between you and Just Gravitate, Inc. ("Gravitate", "we", "us", or "our"). Please read this Agreement carefully before accessing or using our services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use our services.
1. Description of Service Gravitate provides a range of services which include but are not limited to: a. Estimated After Repair Values (ARV) for listings in the Multiple Listing Service (MLS), subtracts this from the asking price, and presents a theoretical profit for our users using Artificial Intelligence (AI). b. Providing construction permit data to assist home flippers in finding suitable contractors. c. Providing code violation data to help our users identify potential homes that may reach the market.
2. Disclaimer of Warranties and Liability Our Services are provided "as is" without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The estimated ARV, theoretical profit, construction permit data, code violation data, and any other data provided are estimates based on our proprietary AI algorithms and available data. They should not be relied upon for any real estate, contractor selection, or other financial decisions. Gravitate is not responsible for any loss or damage that arises from your reliance on this information.
3. User Responsibility Users should perform their own due diligence and use their own judgment when making real estate decisions, selecting contractors, and interpreting code violation data. Gravitate is not a party to any contract entered into by users in reliance on the information provided by our services and does not have control over the legality, truth, or accuracy of listings or users' ability to sell, rent or repair properties.
4. Indemnity You agree to defend, indemnify and hold harmless Gravitate and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, or b) a breach of these Terms.
5. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
7. Arbitration and Class Action Waiver 7.1 Arbitration Agreement: You and Gravitate agree that any dispute, claim, or controversy between you and Gravitate arising in connection with or relating in any way to these Agreements or to your relationship with Gravitate as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. 7.2 Waiver of Class Action: YOU AND GRAVITATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Gravitate agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. By using our Services, you agree to be bound by this Agreement, and you accept all legal consequences. If you do not agree to the terms of this Agreement, please do not use our Services. For any queries or clarifications, please reach out to us at www.justgravitate.com 10449 Fall Creek Road, Indianapolis, IN 46256 +1-317-721-7924 © Just Gravitate, Inc. All rights reserved.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION ABOVE. PLEASE READ IT CAREFULLY.
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