To use our Apps, you need compatible device, operating system (latest version recommended and sometimes required) and Internet access (fees may apply). Our Apps’ performance may be affected by these factors. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges.
Acceptance of Terms Through Use. By using the Apps or accessing any content and other in-app services (collectively, “Content”) provided by us through the Apps, you agree to be bound by these Terms, as updated from time to time. These Terms also apply to any updates, enhancements, new features and Content relating to the Apps. If you do not agree to these Terms, you are not authorized to access or use the Apps.
Updates. We may update the Apps and may automatically electronically update the version of the Apps that you have installed on your device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of the Apps.
Availability. We don't guarantee that the Apps will always be available or will be updated. You understand that we may discontinue the Apps or make changes to the Apps or any aspect of the Apps at any time, including the availability of any app feature, data, or content for any reason without notice or liability to you (to the extent such liability can be excluded or limited under applicable law).
Terms Changes. We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Apps. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of the Apps will be deemed acceptance thereof.
Use of the Apps. We grant you a fully revocable, non-exclusive license to use the Apps for authorized, legal, personal and commercial uses limited to your own transactions, subject to the following terms and conditions:
a) You represent and warrant that your use of the Apps is in compliance with all applicable laws and regulations.
b) You will not use the Apps for resale, Apps bureau, spam, pyramid schemes or other similar purposes.
c) You will not use the Apps or any Content (including but not limited to real estate data) accessed or obtained through the Apps to bother, stalk, harass, harm, abuse, defame, threaten or defraud any individual or entity. You will not use the Apps to locate individuals under the age of 18 and to harm minors in any way.
d) You will not use the Apps in any way that is unlawful, or harms Mobile Data Books, its officers, employees, service providers, suppliers, or any other user.
e) The license granted by us to use the Apps does not include the right to copy or distribute any portion of the Apps, such as layout or design of the Apps, or logos, graphics, sounds, or images. Elements of the Apps, including the website, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.
g) Persons under the age of 14 are not authorized to use the Apps. If you are between the ages of 14 and 18 (a “Minor”), the parent or legal guardian of such Minor must set up an account for the Minor and the parent or legal guardian must agree to and be bound by these Terms for and on behalf of such Minor. Such parent or legal guardian will be responsible and liable for any and all acts, omissions and other obligations of the Minor under these Terms and/or in connection with the Minor access and/or use of the Apps. Such parent or legal guardian’s consent to these Terms is ongoing and they hereby warrant that they will review these Terms for changes, and if any occur, that they will be amenable thereto until the Minor reaches age 18, at which point the Minor, by continued access or use of the Apps hereby gives consent and agrees to these Terms.
MOBILE DATA BOOKS, LLC DOES NOT, AND THE SERVICES ARE NOT INTENDED TO PROVIDE REAL ESTATE OR FINANCIAL ADVICE. MOBILE DATA BOOKS IS NOT A REAL ESTATE BROKER OR LENDER. We assume no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Apps or any other information available through or in connection with the Apps.
iOS and Android Mobile Application Terms. These Terms apply to the Users utilization of either Top Investor iOS Application or Top Investor Android Application. The consideration of which terms apply is contingent on the Mobile Application downloaded and utilized by the User at the time of access to our Apps. By way of example, if you access the Apps on an Android device the Android terms shall apply and if you access the Apps on an Apple device the iOS terms shall apply.
Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section apply. You acknowledge that these Terms are between you and Mobile Data Books only, not with Apple, and Apple is not responsible for the Apps or related content. Apple has no obligation to furnish any maintenance or support services with respect to the Apps. If the Apps fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Apps. Apple is not responsible for addressing any claim by you or any third party relating to the Apps or your possession or use of the Apps, including: (a) product liability claims; (b) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Apps or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Apps. Apple and Apple’s subsidiaries are third party beneficiaries of this Section of the Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section of these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Apps of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Real Estate Data And Other Information. Data obtained through or displayed by the Apps, including but not limited to real estate data and location information, is for general informational purposes only and is not guaranteed by Mobile Data Books. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any data and information at any time without notice or liability to you.
We are not responsible for any omissions and/or errors in displayed data or delays in displaying data.
Paid Subscriptions. Our Apps are provided to you on a subscription basis. We offer multiple term-based subscriptions for you to use the Apps, for which we charge a fee that is billed in automatic regular increments (e.g. weekly, monthly or yearly). If you decide to purchase a subscription, payment will be charged to your iTunes Account. Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. You will be charged no more than 24 hours prior to the start of the latest subscription period. If you decide to unsubscribe from a subscription, you must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee. You may cancel your subscription at anytime and cancellation will be effective at the end of the applicable period. When your subscription ends, you will lose access to any feature of the Apps that requires a subscription, including but not limited to ability to buy content and services in app.
We reserve the right to modify, terminate or otherwise amend our offered subscription plans and to change the fees in effect, or add new fees and charges.
We reserve the right to discontinue any subscription at any time for any reason or no reason, and to cancel your subscription in connection with such discontinuation.
In-App Purchases. We may offer content, services or functionality that you buy inside the Apps (“In-App Purchases”). In-App Purchases that are consumable (e.g. package of exports to a new file format, such as Property Reports and Property Lists) can be downloaded only once. You need to buy these items every time you want them, and you can't download them again for free.
Intellectual Property. The Apps are owned and operated by Mobile Data Books. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Apps provided by us are protected by intellectual property and other laws and are the property of Mobile Data Books or its third-party licensors.
Mobile Data Books does not assert copyright or grant any rights to the underlying map images, real estate data, or other information provided through the Apps. Any use of these images, data and information is subject to the requirements of applicable law.
Feedback. If you choose to provide input and suggestions regarding the Apps (“Feedback”), then you hereby grant Mobile Data Books an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Apps or create other products and Apps.
Indemnification. You agree to indemnify, defend, and hold harmless Mobile Data Books, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Apps; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) your willful misconduct.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPS AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPS ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOBILE DATA BOOKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPS AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOBILE DATA BOOKS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MOBILE DATA BOOKS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MOBILE DATA BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Applicable Laws. These Terms are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Orange County, California for any and all disputes, claims and actions arising from or in connection with the Apps and/or these Terms.
Entire Agreement. Waiver. Severability. The Terms constitute the entire agreement between you and Mobile Data Books with respect to your use of the Apps. The failure of Mobile Data Books to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, those terms will be deemed severable and will not affect the validity and enforceability of any remaining terms.
Mobile Data Books, LLC.
22382 Avenida Empresa, Rancho Santa Margarita, CA 92688
Email address: support [@] mobiledatabooks [dot] com
Apple is a trademark of Apple Inc., registered in the U.S. and other countries. App Store is a Service mark of Apple Inc.
Copyright© 2020 Mobile Data Books, LLC. All rights reserved.