Terms of Service
Last updated: December 19, 2016
Oatmuk Inc, doing business as Loomlogic.com (“Loomlogic”, “we” or “us”)
provides a platform and tools to enable clients (“Clients”) to handle lead management and
response for the real estate industry (“Service” or “Services”).
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Loomlogic website (the “Service”) operated by Loomlogic (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
In connection with your use of any aspect of the Service, you agree and represent as follows:
You are a licensed real estate agent or broker in good standing.
You are of legal age (at least 18 years of age) and are otherwise capable of forming a legally binding contract;
You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in
the areas for which you have requested Service;
You expressly agree to be contacted via Email, SMS, text messaging and Push Notifications by us, and third parties, if relevant, regarding our Services;
You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in this Terms of Service.
You are responsible for maintaining the security of your Account and any passwords entered into the Service or provided to us. We cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation. In addition, we are not responsible if you change a password with a third party service and forget to update the password in our Service.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Loomlogic and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Loomlogic.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Loomlogic. Loomlogic has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Loomlogic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Payment and Refund Terms
Payment for the Service will be in accordance with the terms that you have agreed to upon registration. If we are unable to bill the payment method on file, your account will be locked. If your account has been locked, you will have the option to log in to your account and update your payment method on file. If it is not updated within 30 days, we will completely remove your account and you will no longer be able to log in.
The Service is billed on a monthly basis (or annually if elected), in advance, and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Prices for the Service, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to our web site or through the Service itself. If a yearly subscription was paid, you will be grandfathered into the price of when the contract started. Your yearly price will not change as long as it is paid before the subscription is due. If your subscription was not paid prior to your previous one expiring, you will be subject to subscription price changes.
If a monthly or yearly subscription was paid, and for any reason you decide to cancel, you will have a 3-day grace period starting from the date the contract was signed to receive a full refund. You will however, be subject to a cancellation fee. The cancellation fees are as follows. For a team up to 5 agents, the cancellation fee will be $100. For a team up to 10 agents, the cancellation fee will be $200. For a team of more than 10, the cancellation fee will be $300. Single agents and lenders do not have a cancellation fee. Starting from the 4th day after the contract was signed, Loomlogic will not issue any refunds.
Termination and Cancellation
You are solely responsible for canceling your Account. If you decide to cancel your account, you will have to cancel from within the Loomlogic application, under your subscription section. If you decide at any time that you no longer wish to receive maintain your Account with us, you can access your account and remove any personal information, but this may result in the closure of your account. Cancellations by phone or sent to any other email address will not be considered valid. You will have thirty (30) days after cancellation to export any data from your account. This information cannot be recovered once your Account is cancelled. If you cancel the Service before the end of your current paid up month/year, your cancellation will take effect immediately and you will not be charged again.
We reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including but not limited to your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, failure to pay for Service or a violation of the rights of another User or the law.
Errors and Delays
We are not responsible for any errors or delays or other technical problems. We recommend that you always keep a copy of any data or information that you have loaded to our Service in case of any service interruption or failure.
Sharing Information and Ownership of the Service
Loomlogic allows Users to share various content on the Service as she/he determines. When you register with us, you fill out your profile and can share emails and information with
others on the account. When you use the Service, information you post or share with others, such as your emails, personal information, notes, comments, messages, photos, or other information, may become available to other users. All sharing of information is done at your own risk.
Unless otherwise agreed in writing signed by Loomlogic, by submitting content, including your profile information, adding photos, video, data or other materials directly through the Service or suggesting any ideas or feedback (collectively, “Materials”), you hereby grant to us a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you.
Subject to the license above, you retain all of your rights in all of the Materials you post to our Service, including all copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; patent rights and all other intellectual property and proprietary rights as they may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. The Service, all content and other subject matter included on or within the Service (“Loomlogic Content”) is the exclusive property of Loomlogic or its licensors. We reserve all of its rights with respect the Loomlogic Content, and you may not download or distribute or otherwise make any commercial use of the Loomlogic Content.
The Service may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, “Groups”) that are intended to provide users an interesting and stimulating forum in which they can express their opinions and share their ideas. We do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Groups. Please use your best judgment, and be respectful of other individuals using these Groups. Do not use vulgar, abusive or hateful language. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Groups may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold us responsible for any third party’s use of information contained in such posting. To maintain a positive, creative environment in which Users may share and display Materials, we ask that you only use the Service in a manner that is consistent with our Acceptable Use Policy. You agree not to use user names or Group titles that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or the title of your Group at any time and for any reason in our sole discretion.
This is a subscription agreement for access to and use of the Subscription Service and not an agreement for sale. Customer acknowledges that it is obtaining only a limited right to use the Subscription Service and that irrespective of any use of the words “purchase”, “sale” or like terms that may be used in any document, no ownership rights to the Subscription Service are being conveyed to Customer under this Agreement. Customer agrees that Loomlogic or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to: the Subscription Service; Documentation; methodologies, techniques, know-how and processes that are generally applicable to the Services; any and all related and underlying software code, deliverables, technology and documentation; and any derivative works, modifications or improvements of any of the foregoing, including without limitation as may incorporate Feedback. Further, Customer acknowledges that the Subscription Service is offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any underlying code or element of the Subscription Service itself.
If you have any questions about these terms, please contact us at 1-877-270-0797, or email us at firstname.lastname@example.org.