Terms Of Use & Privacy Policy

Terms Of Use

  1. Applicability of these Terms and Conditions

    These are the terms and conditions ("Terms and Conditions") applicable to all GainClients, Inc. web and mobile applications and marketing services SikkU (seek-you) ("the Services") purchased or licensed under an "Agreement" executed with GainClients, Inc. that incorporate these terms and conditions by reference. These Terms and Conditions are equally applicable and enforceable as if fully stated with each Agreement in the same document. The Agreement provides an individual/professional user and/or an organization, ("Customer") with the right to use an Application and/or obtain Services and is expressly conditioned and subject to Customer's acceptance of these Terms and Conditions. Customer may execute multiple Agreements with GainClients, Inc., and each such Agreement shall also become part of the Agreement which incorporates these Terms and Conditions.

  2. Application Users

    The Service is available to real estate professionals including real estate agents/brokerages, lenders and escrow and title individuals and organizations ("Customers") and to consumers ("Users"). There are two levels of the Service for Customers: 1) a basic free version; and a full-feature version that costs a monthly fee. The Service is always free for consumers Users and requires no Agreement.

    GainClients, Inc. will provide individual Customers and Users online and mobile access to become Customers of the Applications and will set-up Organizational Customers in advance in accordance with the Agreement. The Applications provide Customers with client generation and marketing tools and a home search and other related data for consumer Users via web and mobile devices in a Customer's market. Requests made by Users of the Applications will go directly to Customer and Customer's brand may be featured in the Applications, which would also include display of the "powered by GainClients, Inc. and or powered by SikkU" taglines in accordance with GainClients, Inc.'s branding standards that it provides to Customer when available. Customers and Users are also required to accept GainClients, Inc.'s Terms of Use, Mobile Terms of Use and Privacy Policy located at the GainClients, Inc. website.

  3. Fees and Term

    The "Fees" for use of the Application are set forth in the Agreement and are payable as provided in the Agreement. The "Term" of this Agreement shall commence on the date of the completed Agreement and shall continue for one year and thereafter shall automatically renew for successive one-year periods, except for those Customers who purchase an individual account, which is a month to month Term beginning on initial registration. Either party may terminate the Agreement by providing 30 days advance written notice to the other party. Customer agrees to pay all charges due through the end of the 30 day cancellation notice period. Set-up, implementation and other development fees in all instances are not refundable. Notwithstanding the foregoing notice period, GainClients, Inc. may terminate an Agreement and disable use of the Application if the Customer breaches any term of the Agreement and fails to cure such breach within 10 business days after notice from GainClients, Inc.

    There are no fees or Agreements for consumer Users.

  4. Payment Terms

    Customer shall make all payments due under this Agreement in advance of services being provided. Individual Customers shall pay with a valid credit card that will be automatically billed each month. Customer shall promptly notify GainClients, Inc. should the credit card become invalid. Organizational Customers can also pay with a credit card or will be Invoiced monthly and payments shall be due within 20-days of receipt of each Invoice. GainClients, Inc. may charge interest on all unpaid amounts due at a rate equal to 1.5% per month or the highest rate permitted by applicable law, whichever is lower.

  5. Listings

    When applicable in the Agreement, Real Estate Professional Customers and GainClients, Inc. will jointly apply for approval to receive data feeds from all Multiple Listing Services (MLS) where Real Estate Professional Real Estate Professional Customers are a member for purposes of providing the services. If at any time GainClients, Inc. is notified by an MLS that Real Estate Professional Customer is no longer a member of that MLS, GainClients, Inc. may terminate the services until such time as the Real Estate Professional Real Estate Professional Customer is once again authorized to receive data from the MLS.

  6. Advertising and Marketing

    GainClients, Inc. may, in its sole discretion, place advertisements in the Application and Customer shall not be entitled to any compensation or revenue sharing from any such advertising except and to the extent expressly set forth in an Agreement. Customer shall market the Application in Customer's trade area to make consumer Users aware of the Application, that it is available for download on the Customer's website and where appropriate in the Customer's media advertising.

  7. Use of Marks

    GainClients, Inc. hereby grants to Customer a limited license to the trademarks owned by GainClients, Inc. ("GainClients, Inc. Marks") solely to identify Customer as having a business relationship with GainClients, Inc. Customer shall use its reasonable commercial efforts to comply in all material respects with the marketing guidelines GainClients, Inc. publishes from time-to-time. Customer hereby grants to GainClients, Inc. a limited license to use the trademarks owned by Customer (the "Customer Marks") solely to provide the Application and to identify GainClients, Inc. as having a business relationship with Customer. Should either party notify the other in writing that their use of such party's Marks does not conform to their trademark usage guidelines, such party shall immediately cease such nonconforming use and shall bring such use into conformance with said trademark usage guidelines and provide specimens of such conforming use within 20 days of receipt of notice of non-compliance. Each party understands and agrees that its use of the other party's Marks as authorized hereunder does not create any right, title or interest in or to such Marks and that all such use and any goodwill associated with such Marks will inure solely to the benefit of the other party.

  8. Ownership

    As between GainClients, Inc. and Customer and any User, the Application and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of GainClients, Inc. or its licensors. The performance of Services shall not alter the provisions of the forgoing sentence, and no such Services shall be performed on a "work-made-for-hire" or similar basis that would provide ownership to Customer.

  9. Hosting & Maintenance

    GainClients, Inc. hosts the data and software for the Application. GainClients, Inc. is not responsible for any outages or service interruptions that occur from time-to-time when using the Applications, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, GainClients, Inc. is not responsible for the products and services provided by others, including any User's mobile handsets or wireless data networks. GainClients, Inc., in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.

  10. Adherence to Real Estate Laws

    Each party will be responsible for ensuring their conformance to the appropriate lending, title, MLS, state, local or Federal laws relating to the sale of real estate, mortgage loans and title and escrow and will alert the other to any business practice that must be implemented to meet any law or regulation.

  11. Mutual Representations

    Each of GainClients, Inc. and Customer hereby represents and warrants to the other that (i) it has the requisite right, power, and authority to enter into this Agreement and to perform its obligations hereunder, (ii) it knows of no law or regulation that would prohibit it from entering into and performing this Agreement, or that would conflict with this Agreement, and (iii) this Agreement has been executed by its duly authorized representative.

  12. Disclaimer of Warranties

    THE APPLICATION IS PROVIDED TO CUSTOMER AND ALL OTHERS ON AN "AS IS," "WITH ALL FAULTS" BASIS. NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GAINCLIENTS, INC. SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT. ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ACCURACY, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, OR FITNESS OF RESULTING WORK PRODUCT, ARE HEREBY DISCLAIMED.

  13. Limitation of Liability

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS OR LICENSES GRANTED HEREUNDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  14. Confidentiality

    GainClients, Inc. and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of GainClients, or divulge, disclose, or communicate in any manner, any information that is proprietary to each Real Estate Professional Customer including Product pricing and Real Estate Professional Customer identifying formation. GainClients and its employees, agents, and representatives will protect such information and treat it as strictly confidential. Proprietary Information shall not be (1) used for any purpose other than as contemplated in this Agreement; (2) disclosed in any manner to any third parties such as telemarketers, or (3) shared or given to any other GainClients, Inc.'s real estate professional or consumer Real Estate Professional Customers, affiliates, non-affiliates, employees or parties who are not directly associated to an account and to provide the essential and enhanced elements of this service without the prior written consent of the party disclosing the Confidential Information.

  15. Governing Law and Venue

    This Agreement shall be governed by, and construed in accordance with the laws of the State of Arizona, without regard to any conflict of law principles. The state courts located in Pima County, Arizona and federal courts located in Tucson, Arizona shall have exclusive jurisdiction to adjudicate any dispute arising out of our relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

  16. Force Majeure

    Except for payments due under this Agreement, neither party shall be responsible for any failure to perform its obligations hereunder to the extent such failure is due to causes beyond its reasonable control (each a "Force Majeure"), including, without limitation, acts of God, terrorism, war, riot, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, provided that such party gives prompt written notice thereof to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.

  17. Severability, Enforcement

    If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of this Agreement, (ii) such provision shall be deemed modified to the extent necessary in the tribunal's opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 9 and 10 are considered by the parties to be integral to this Agreement and shall not be modified or severed from this Agreement.

  18. Notice

    Except as otherwise expressly provided herein, any notice, request, consent, demand or other communication required or permitted to be given by this Agreement must be in writing and must be personally served, commercial courier service or prepaid registered or certified mail to the address of the party set forth in the Agreement, and with respect to GainClients, Inc., specifically addressed to Legal Department:

    GainClients, Inc.
    Attn: Patty Freeman
    6245 E. Broadway Blvd., Suite 400
    Tucson, AZ 85711
    info@gainclients.com
    520-327-2366

  19. Other Terms

    This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other prior or contemporaneous communications between the parties. Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented except under the execution and delivery of a written agreement executed by the parties hereto. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. This Agreement may not be assigned by Customer without the prior written consent of GainClients, Inc. and any such purported assignment shall be null and void; provided, however, that Customer may assign this Agreement to an affiliate or in connection with a consolidation, merger, or sale of substantially all of its assets to which this Agreement relates, without the consent of GainClients, Inc.. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each party is an independent contractor. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between GainClients, Inc. and Customer. Neither party shall disclose any of the terms, conditions, or provisions of this Agreement without the prior written consent of the other party. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Mobile Terms Of Use

Following are the mobile terms of use ("Terms") for the Applications owned and/or operated by GainClients, Inc., ("GainClients, Inc."). It is important that Customers and Users read and accept these Terms prior to accessing, downloading or otherwise using an Application and the related software, data or technology used, stored, licensed or accessed with an Application and the related intellectual property embodied therein. Your use of an Application indicates that you accept these Terms.

  1. General

    The Applications are owned and/or operated by GainClients, Inc. and are intended for professional use by Real Estate Professional Customers and personal use by consumer Users.

  2. Modification

    GainClients, Inc. may revise these Terms at any time, with or without notice to you. You should visit this page from time to time to review the then current Terms for an Application.

  3. Real Estate Data

    Users agree that when applicable, (1) access to an Application is subject to all Multiple Listing Service ("MLS") and State and Federal regulations governing real estate transactions; (2) you have a bona fide interest in the purchase, sale, or lease of real estate of the type being accessed through an Application; (3) you will not copy, redistribute or retransmit any of the data or information provided by GainClients, Inc.; and (4) you acknowledges the MLS's ownership of and the validity of the copyright in the MLS database.

  4. Disclaimer

    Information available through an Application is deemed to be reliable but not guaranteed. All real estate listings are marked with the logo of the MLS providing the listing and detailed information about each listing includes the listing broker/agent name as required by the local MLS. The listing broker has attempted to offer accurate data, but Users are advised to confirm all items. Some properties which appear for sale within an Application may no longer be available because they are under contract, have sold or are no longer being offered for sale. The listings of some real estate firms do not appear within an Application. Some properties listed with firms contributing listings to an Application do not appear at the request of the seller.

  5. Getting More Information

    GainClients, Inc. records the activity performed by consumers while using an Application. Whenever a "call-to-action" is selected by a consumer, he/she is providing GainClients, Inc. with the express permission to share the related information with the associated real estate professionals.

  6. Copyright and Trademark Notices

    All contents of an Application are copyright protected by GainClients, Inc. All rights reserved. "SikkU" is also a registered Trademark/Tradename of GainClients, Inc. Other product and company names mentioned herein, including the names of real estate professionals, may be the trademark of their respective owners.

Privacy Policy

This is the Privacy Policy ("Privacy Policy") for the web and mobile applications and marketing services ("Services") that are owned and/or operated by GainClients, Inc. ("GainClients, Inc."). The Applications and Websites are sometimes collectively referred to in this Privacy Policy as the "Services".

Application of Policy

GainClients, Inc. will comply with this Privacy Policy and applicable U.S. privacy laws in providing the Services. It is important that Users read this Privacy Policy prior to accessing, downloading or otherwise using the Services and the related software, data or technology used, stored, licensed or accessed with the Services and the related intellectual property embodied therein. Do not use the Services if you do not accept this Privacy Policy. This means that you should promptly cease accessing or otherwise using the Services and exit this page before downloading, accessing, using, subscribing or installing any Services. Use of the Services will be deemed acceptance of this Privacy Policy.

Delivering Information

The types of information that we collect from you has an impact on the quality and type of Services that we are able to deliver to you. We deliver information to you via:

  1. The internet

  2. Your mobile device

  3. Email

  4. Real estate professionals such as lenders, real estate agents, title and escrow agents or other industry professionals who are Real Estate Professionals of the service and that we have contractual relationships with (each a "Real Estate Professional")

  5. Third-party service providers such as multiple listing service ("MLS"), demographic, and neighborhood data providers that we have contractual relationships with (each a "Data Provider")

  6. Telephone or in person at our offices

Information we collect

These are the types of information we may seek to collect from you:

  1. Location Information: We collect location information associated with the use of an Application either (i) through the real time longitude and latitude from your GPS-enabled wireless device or (ii) based on location information you enter into your mobile device upon registration.

  2. Activity Information: We collect information from your usage of the Services and share this information with your corresponding real estate professionals, including any advertising you may have specifically viewed.

  3. Property Information: We collect information about the types of properties that you have viewed.

  4. Personal Information: We collect certain information about you when your register for an Application or to use certain advanced features at the Websites. This information includes cell phone number, name, address and e-mail.

How we collect information

We collect information from you through the following actions:

  1. Registration: You voluntarily provide certain personal information when you register to use Applications and access advanced features at the Websites.

  2. Usage logs: Your mobile devices and computers communicate a variety of information about how you use the Services, and a record of what information you have reviewed including real estate properties, web pages and advertisements.

  3. GainClients, Inc. Cookies: Cookies are bits of electronic information that can be transferred to a computer to uniquely identify that computer's browser. Cookies provide us with a unique anonymous feature that we can use in identifying and enhancing the use of our Services. We sometimes use outside companies to display advertising on our Web site, and these ads may place cookies on your computer, which are referenced by our ad companies. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. We do not have access to these cookies or any information that they may contain.

  4. Web Beacons: Web beacons are electronic files that are used to count users who have visited our Services or to identify certain cookies on the computers accessing our Services.

You may restrict the information provided to GainClients, Inc. For example, you may decline to provide us with your personal information, disable cookies and use security software to prevent the storage of cookies. Restricting information will however materially reduce and diminish the value of the Services we provide to you.

How we use Information

The primary reason GainClients, Inc. collects information is to enable it to provide the essential and enhanced elements of the Services. GainClients, Inc. also collects information to enable its Real Estate Professionals and 3rd-party Business Partners to provide services to you, such as data Providers, lenders, real estate agents/brokers and title representatives. By clicking the Register button you are expressly agreeing to be contacted and/or your information shared with those who provide essential elements of this Service.

  1. Location Information is used to provide relevant information about the properties you are near.

  2. Activity Information is attached to your user profile and this information is used by GainClients, Inc. to provide you with useful information and relevant advertising.

  3. Property Information: Knowing what type of properties you are interested in is important to a REALTORĀ® providing brokerage services to you in tandem with GainClients, Inc., or if receiving financial information or a mortgage pre-approval from a lender. This information is vital to our 3rd-party Business Partners to help you with your real estate needs.

  4. Personal Information. We are legally required to know your identity to make certain information available to you such as MLS and property data.

We recognize that maintaining the privacy of your personal information is important, and for this reason we do not share any of your personal information with third parties without your consent. We will not sell your personal information to any third-party or share your information with telemarketing companies or direct mail companies.

Un-subscribing

Users of the Services can unsubscribe from communications at any time. GainClients, Inc. uses SafeUnsubscribe® which reliably removes your email address from our lists. In each email you receive, there is a link to unsubscribe or change your email address. Unsubscribing from communications however affects essential elements of the Services and may limit the Services and experience. Unsubscribing from communications is not recommended if continued use of the Services is intended.

Security

Personally identifiable information collected by GainClients, Inc. is stored in operating environments that are not available to the public. This information is not stored on the Internet but on a secure server in the Amazon Cloud. We take reasonable steps to protect this data.

Other Registration, Unsubscribe and Update Issues

Personally identifiable information may be required to receive certain products or services. GainClients, Inc. may disclose personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on GainClients, Inc.; (b) protect and defend the rights or property of GainClients, Inc., the Services or the users of GainClients, Inc., and (c) act under exigent circumstances to protect the personal safety of users of GainClients, Inc. or the public.

Summary Info

GainClients, Inc. may share non-personal aggregate or summary information about our visitors with our 3rd-party Business Partners or other third parties, which is a customary practice on the Internet. For example, we might provide a count of our users from a particular city.

Other Sites

GainClients, Inc. may present advertisements or links to third parties such as our 3rd-party Business Partners. When you click on these links or enter information, you may be transferred to an advertiser or third-party's Web site. GainClients, Inc. has no control over the privacy practices or information that these sites may request of you. We are not and cannot be held responsible for the privacy practices or content by these entities.

Acquisition or Merger of GainClients, Inc.

Any third party that acquires GainClients, Inc., whether through a sale of stock, sale of assets or statutory merger, will obtain access to personal information as part of the overall business transaction.

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