Terms & Conditions
Last updated on: Dec 15th 2016
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.Zilculator.com ("Zilculator.com"), as owned and operated by Zilculator Inc. on behalf of those of its direct or indirect subsidiaries and/or affiliates, (collectively referred to as "Zilculator"). By using Zilculator.com you agree to be bound by the terms and conditions of this Agreement, as they may be amended from time to time in the future (see "Modifications" below).
1. Your Acceptance of Terms
By using the information, tools, features and functionality located on Zilculator.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Zilculator.com website) or you are a "Member" (which means that you have registered with Zilculator.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to Zilculator. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Zilculator.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy & Personal Information
For information about Zilculator's data protection practices, please read Zilculator's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how Zilculator treats your personal information when you access Zilculator.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of The Service Offered
The Service is a real estate analysis tool aimed at helping investors analyze the profitability of a real estate transaction and give users the ability to share this due diligence to the online world. Based on such information, the Service may also present information relating to third party products or services ("Zilculator Offers").
The Service is provided to you by Zilculator with a free option and paid package plans. They are meant to use as an aid to assist you in analyzing your real estate propeties. It is not intended to provide legal, tax or financial advice.
4. Information Regarding Registration
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify Zilculator immediately at the email address - info@Zilculator.com.
5. Use of Service Offered
Your right to access and use Zilculator.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Zilculator.com for lawful purposes.
Accurate records enable Zilculator to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our "add account" setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of Zilculator.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Zilculator.com or other actions that Zilculator, in its sole discretion, may elect to take.
6. Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Zilculator through the Service, you are licensing that content to Zilculator solely for the purpose of providing the Service. Zilculator may use and store the content, but only to provide the Service to you, and people you share it with, in case of public reports. By submitting this content to Zilculator, you represent that you are entitled to submit it to Zilculator for use for this purpose, without any obligation by Zilculator to pay any fees or other limitations. You acknowledge that Zilculator may maintain and store your information as long as you maintain an account with Zilculator.
By signing up for an account you grant us to store information regarding your properties being analyzed. We will not disclose your properties to anyone, if you select them to be private (paid subscription). However, if the properties will stay in the public mode (default and only mode for free membership), you can share them with anyone and they might get indexed and searchable by google or other search engines.
7. Zilculator's Intellectual Property Rights
The contents of Zilculator.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Zilculator.com belong or are licensed to Zilculator or its software or content suppliers. Zilculator grants you the right to view and use Zilculator.com subject to these terms. You may download or print a copy of information provided on Zilculator.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Zilculator.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
8. Permissions and Access
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Zilculator.com or any portion of Zilculator.com, without Zilculator's express written consent, which may be withheld in Zilculator's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Zilculator.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Zilculator.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Zilculator.com or the Service.
- YOU EXPRESSLY ACKNOWLEDGE THAT ZILCULATOR MAY ENFORCE THIS AGREEMENT TO THE EXTENT PERMITTED BY LAW IF YOU BREACH ANY PART OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE ABOVE-REFERENCED PROVISIONS REGARDING ACCESS AND INTERFERENCE.
9. Rules for Posting
As part of the Service, Zilculator allows Members to post content on bulletin boards, blogs and at various other publicly available locations on Zilculator.com. These forums may be hosted by Zilculator or by one of our third party service providers on Zilculator's behalf. You agree in posting content to follow certain rules:
- You are responsible for all content you submit to Zilculator.com.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Zilculator.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through Zilculator.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of Zilculator.com and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Zilculator.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of Zilculator.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
- Zilculator is not responsible for any content placed on message boards, blogs, or other third-party postings.
- User acknowledges that Zilculator is a website that is open to the public. Zilculator takes no responsibility for the accuracy or appropriateness of content on its website, and does not warrant or guarantee any content whatsoever.
10. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH ZILCULATOR.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. Zilculator MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF ZILCULATOR.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
ZILCULATOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON ZILCULATOR.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ZILCULATOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
11. Not a Financial Planner, Broker or Tax Advisor
NEITHER ZILCULATOR NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ZILCULATOR IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
12. No Guarantees or Warranties Regarding Algorithms or Formulation
User expressly acknowledges that Zilculator' algorithms and formulations are estimates only, and are not intended to be wholly relied upon by User when making any decision or strategy. User should exercise his or her independent judgment in all decision-making. Zilculator is a tool for User to employ in making decisions and strategies only. Zilculator does not warrant or guarantee the accuracy of any algorithms or formulations.
13. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Zilculator does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Zilculator shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
14. Limitations on Zilculator's Liability
ZILCULATOR SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ZILCULATOR.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF Zilculator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT Zilculator IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY DAMAGES OR INJURY CAUSED BY THE ACTS OR OMISSIONS OF OTHER USERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Zilculator'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
15. Your Indemnification of Zilculator
You agree to defend, indemnify and hold harmless Zilculator and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
16. Ending your relationship with Zilculator
This Agreement will continue to apply until terminated by either you or Zilculator as set out below. If you want to terminate your legal agreement with Zilculator, you may do so by closing your account for the Service.
Please use the directions below to cancel your subscription:
- Login to your Zilculator.com account.
- Go to "Settings".
- Locate the "Cancel" option under the "Cancel" section.
- Your account will not be billed for the next month's subscription. Your Zilculator.com account data can be deleted from our database if you specifically email the webmaster at info@Zilculator.com and request full database removal.
Zilculator may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Zilculator in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful)
Zilculator may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Zilculator.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
If you are not 100% satisfied with your purchase, within the first seven days, contact firstname.lastname@example.org to request a full refund of your most recent subscription bill.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Zilculator does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Zilculator has the benefit of under any applicable law), this will not be taken to be a formal waiver of Zilculator's rights and that those rights or remedies will still be available to Zilculator.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Zilculator regarding the subject matter of the same, and supersedes all other previous agreements.