Flare Real Estate Terms and Conditions

Terms and Conditions for Flare Experience

Description of Service

Flare provides a software application designed for Real Estate Agents to track their real estate transactions (“Service”). The Service includes, but is not limited to, transaction management, document storage, and client communication tools. Flare is not responsible or liable for any part of the underlying transaction. 

Understanding content that you submit to the Service. Regarding ownership, you retain full ownership of your content, and the service does not claim any ownership rights. The service only has the rights necessary to operate, which includes accessing and processing your content. Processing your content is solely for purposes related to providing the service, which may involve technical administration tasks. The service commits to not sharing your content beyond what is described in our Privacy Policy.

The Services provide features that allow you to share your Content with others. Please consider carefully what you choose to share. Flare has no responsibility for that activity.

Acceptance of Terms

By accessing and using the Flare software application (“Application”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not accept these Terms, do not use the Application. If you are using the Services on behalf of a broker or other organization, you are agreeing to these Terms for that broker or organization and promising that you have the authority to bind that broker or organization to these Terms. In that case, “you” and “your” will refer to both you as an individual and to that organization.

User Obligations

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Service. You must be a registered user to access the Services. You agree to provide true, accurate and complete registration information. You agree that you are responsible for any content, files or data that might be in violation of terms governing any third party content. 

You are solely responsible for your conduct while using Flare collaboration tools for communication. 

You agree that you will not upload spyware or any other malicious software to the Services.

The Services are intended for use for those 18 years of age and older. By agreeing to these Terms, you are representing to us that you are at least 18 years old.

You are responsible for maintaining and protecting all of your Content. Flare is not liable or responsible in any way. Flare will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.

Account Security

Use of the Services is personal to you or your organization, as applicable. Except as specifically permitted by these Terms, you may not resell, assign, distribute, transfer or otherwise provide your Login ID and/or Password to any third party.

You are solely responsible for the confidentiality of your Login ID and Password.

You are also solely responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Flare of any unauthorized use of your account.

Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is part of these Terms, describes how we handle the information you provide to us when you use our Service. 

Modifications to Service

Flare reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Intellectual Property

All intellectual property rights in the Application and the Service are owned by Flare or its licensors. You agree not to copy, reproduce, or distribute any content without our permission.

Availability Of The Services

Flare strives to have our Services available 24 hours a day, 7 days a week. Occasionally there may be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the Services is subject to change at any time in our sole discretion.

Survival

These Terms which by their nature should survive suspension or termination of your use of the Service shall survive relating to intellectual property ownership, your obligations, disclaimers, limitations of liability, arbitration, class actions, or jury trials.

Services Offered ‘As-Is’

Our Services are made available to you ‘as-is’ and ‘as available,’ and you use them at your own risk. We provide no express or implied warranties or conditions of any kind. To the maximum extent allowed by law, Flare and its associated entities—including officers, directors, employees, parent companies, partners, successors, agents, distribution partners, affiliates, subsidiaries, content providers, service providers, vendors, licensors, merchants, related companies, advisory boards, representatives, and suppliers—hereby disclaim all warranties, both express and implied. This includes, but is not limited to, any warranties that:

1. The services will fulfill your needs or produce any particular outcomes.
2. The services will be uninterrupted, timely, secure, accurate, complete, or useful.
3. The services will be free of defects, lawful, or of a certain quality.

By using our services, you acknowledge and agree to these terms.

Limitation of Liability

To the fullest extent permitted by applicable law, Flare shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues (including loss of data or business), whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Despite any other provision in these terms, the total liability of Flare and its related entities shall not exceed the greater of:

1. The total amount paid to Flare by you during the twelve-month period prior to the claim; or
2. $500.00.

Additionally, you agree to initiate any legal action related to your use of the services or these terms within one year from the occurrence of the event giving rise to such action. Failure to do so within this timeframe will result in the permanent barring of the action.

Indemnification Clause

You agree to defend, indemnify, and hold Flare and its associated entities (collectively, Flare Entities’) harmless against any third-party claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees, that arise from or relate to your alleged or actual breach of the representations, warranties, or commitments you’ve made in this agreement.

Additionally, you commit to providing full cooperation to Flare in the defense of any claims where you are obligated under this indemnification clause.

Arbitration Agreement

Both you and Flare agree to attempt to resolve any disputes by mutual agreement. Before taking any formal action, you must provide us with a written notice of the dispute that includes a detailed description, all pertinent documents or information, and your proposed solution. Please direct your notices of dispute to the address specified in these Terms. We will reach out to you using the contact details you have provided.

Should a dispute not be resolved within 30 days, either party may initiate arbitration as outlined in this section. By agreeing to these terms, both parties waive the right to have disputes settled in a court by a judge or jury, opting instead for arbitration.

All claims or disputes between you and Flare, or against any agents, employees, successors, or assigns of either party, including third parties, whether connected to these Terms or otherwise, and encompassing past, present, and future issues, will be subject to binding arbitration. This arbitration will be conducted by JAMS according to its current rules and procedures, which can be found on their website (www.jamsadr.com) or by contacting JAMS directly.

The receipt of Services under these Terms constitutes a transaction involving interstate commerce, and thus, the Federal Arbitration Act (9 U.S.C. 1-16) will govern the interpretation and enforcement of this arbitration provision. Any decision made by the arbitrator(s) may be entered as a judgment in any court that has jurisdiction over the matter.

Claims that qualify may be brought to small claims court. Additionally, both you and Flare agree that any arbitration will be conducted on an individual basis, not as a class action. If a court or arbitrator deems the prohibition of class-wide arbitration to be invalid or unenforceable, then the entirety of this arbitration agreement is void, and the class-wide dispute must be heard in court.”

Class Action Waiver

In accordance with applicable law, both you and Flare relinquish the right to participate in class action lawsuits. This means you agree not to combine your claim with those of others or to represent other individuals in any legal proceedings, including lawsuits and arbitrations.

Jury Trial Waiver

To the fullest extent permitted by law, both you and Flare waive the right to a jury trial in any legal action, arbitration, or other proceedings.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Flare operates, without regard to its conflict of law provisions.

Changes to Terms

Flare reserves the right, at our sole discretion, to modify or replace these Terms at any time.

Contact Information

If you have any questions about these Terms, please contact us at support@flareexperience.com

Last Updated: 4/14/2024