Last Updated: November 21, 2017
Our Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you (i) meet the foregoing eligibility requirements, (ii) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (iii) are not a person who is barred from receiving or using the Services under the laws of the United States or any other applicable jurisdiction. If you do not meet all of these requirements, you must not access or use the Website or our Services.
We reserve the right to withdraw or amend our Services at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or all of, our Services by users, including registered users.
3.1 Registering for an Account.
If you register for an account, or otherwise provide certain registration details or other information to DropModel, you must provide correct, current, and complete information. You must promptly update the provided information if it changes. If we believe or suspect that such information is untrue, inaccurate, not current, or incomplete, we may deny or terminate your access to the Website or Services (or any portion thereof) and any license(s) to the Tools.
3.2 Confidentiality and Security.
You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission, or any other breach of security related to our Services of which you become aware. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3.3 Electronic Communications.
By creating an account with DropModel, you consent to receive electronic communications from DropModel (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Our Services, the technology used to provide the Services, and the contents, features, and functionality (including, but not limited to, all information, data, software, text, graphics, images, videos, audio, trademarks, trade names, brands, service marks, logos, slogans, and other content contained therein) (collectively, the "DropModel Content") of our Services are owned by DropModel, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, treaties, and regulations.
You must not:
No rights, title, or interest in or to our Services or the DropModel Content is transferred to you, and all rights not expressly granted are reserved by DropModel and our licensors.
Our Services may permit you and other users to create, post, store, and share content, including (i) messages, text, photos, videos, and other material ("User Comments") and (ii) financial data, financial models, and other materials submitted to or created or prepared by using our Services ("Modeling Data," and, collectively with User Comments, "User Content").
Any User Content posted will be considered non-confidential and non-proprietary. By providing User Content, you grant us and our licensees, successors, and assigns a worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You acknowledge and agree that:
You acknowledge and agree that any questions, comments, suggestions, ideas, original or creative materials, or any other information you submit regarding DropModel, our Services, or other related products (collectively, "Feedback") is non-confidential. You hereby grant us an exclusive, royalty-free, irrevocable, perpetual worldwide right and license to use and disseminate Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You agree that, by submitting Feedback to us, you automatically forfeit your right to any intellectual property rights in such Feedback and hereby assign all of your rights and interest in such Feedback to us.
These content standards apply to any and all User Content and uses of our Services. You may only post or otherwise share User Content that is non-confidential and for which you have all the rights necessary to disclose. User Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you may not create, post, store, or share any User Content that:
We have no obligation to screen, edit, or monitor User Content; however, we may delete or remove User Content at any time and for any reason.
10.1 Financial Decisions and Advice.
You are responsible for your financial decisions. You acknowledge and agree that investing in real estate is risky, and certain risks cannot be mitigated or eliminated.
You acknowledge and agree that DropModel does not provide advice. DropModel is not a professional financial service provider or financial advisor, and our Services and the DropModel Content do not constitute investment or financial advice. DropModel provides a venue through which you can input, upload and obtain information, prepare financial models and projections, utilize spreadsheet-based calculators, and utilize an array of other Services. Our Services, including the Tools, and the information and opinions therein, including results provided by the Tools, are provided for informational and educational purposes only, are subject to change without notice, do not constitute advice, and should not be relied upon in making, or refraining from making, any decision. Any results presented may not reflect the actual return of your investments, and we make no guarantees about the accuracy, quality, or success of any results presented, or of any investment or any investment results as a result of using our Services, including the Tools, or the DropModel Content. Nothing contained in our Services constitutes investment, financial, legal, tax, or other advice, nor is to be relied upon in making a decision. Nothing in our Services should be construed as a solicitation or offer from us, or recommendation from us, to acquire or dispose of any real estate property or to engage in any other transaction. DropModel is not liable to you or any other person for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by our Services, including any Tools, or the DropModel Content, or your interpretation of the data. Furthermore, DropModel is not responsible for any human or mechanical errors or omissions.
We recommend that you obtain the advice of financial advisors, insurance agents, brokers, attorneys, accountants, real estate professionals, or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in making decisions based on use of our Services.
Your use of our Services is at your own risk. Our Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, neither DropModel nor any person associated with DropModel makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of our Services. Without limiting the foregoing, neither DropModel nor any person associated with DropModel represents or warrants that our Services are secure, accurate, complete, reliable, uninterrupted, current, or error-free or that defects will be corrected.
While DropModel attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services and are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website and the App for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of our Services.
To the fullest extent provided by law, DropModel hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
10.3 User and Third-Party Content.
We do not control or endorse any User Content or third-party content available or linked to on our Website or through our Services. All statements or opinions expressed in or comprising User Content or third-party content are statements or opinions of, and the sole responsibility of, the person, group, or entity providing such User Content or third-party content. Such content does not necessarily reflect the opinion of DropModel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, or for any loss or damage that may arise from your use of them. Any links provided on our Website or through our Services are provided for your convenience only, including links contained in advertisements. If you decide to access any of the third-party websites linked to on our Website or through our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
To the fullest extent provided by law, in no event will DropModel or any of our subsidiaries, affiliates, licensors, or service providers, or any of our or their respective officers, directors, members, managers, partners, employees, agents and representatives (individually and collectively, the "DropModel Parties") be liable to you under any legal theory of liability – whether based in contract, tort (including negligence), strict liability, warranty, or otherwise – arising out of or in connection with your use, or inability to use, our Services, any websites linked to our Services, or any content found on or provided by our Services, including the DropModel Content, or such other websites, including any indirect, special, incidental, consequential, or punitive damages, even if such damages were foreseeable or DropModel was advised that such damages were likely or possible.
To the fullest extent provided by law, in no event will the collective liability of the DropModel Parties to any party – regardless of the form of action, whether in contract, tort, or otherwise – exceed $100.00. You acknowledge that this limitation of liability is an essential term between you and DropModel relating to the provision of our Services and any content to you, and DropModel would not provide such Services or content without this limitation.
The foregoing does not apply to liability resulting from the gross negligence, fraud, or intentional misconduct of DropModel or the other DropModel Parties.
11.2 Reliance on Information Posted.
The information presented through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of our Services, or by anyone who may be informed of any of its results or contents.
You agree to promptly notify the DropModel Parties of any of the foregoing claims, cooperate with the DropModel Parties in defending such claims, and pay all fees, costs, and expenses associated with defending such claims. You further agree that the DropModel Parties will have the right to control the defense or settlement of any such claims.
This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the DropModel Parties.
To the fullest extent permitted by applicable law, you release DropModel and each of the other DropModel Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or relating to disputes between users of our Services and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code section 1542, as well as any other statute or common law principles that would otherwise limit the coverage of this release, to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14.1 Monitoring and Enforcement.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services. You waive and hold DropModel harmless from any claims resulting from any action taken by DropModel during, or taken as a consequence of, investigations by either DropModel or law enforcement authorities.
We do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
DropModel has a policy of terminating the user accounts of repeat infringers of copyrights. If you believe that anything on our Services infringes or violates any copyright you own or control, you may notify our designated agent as follows:
Designated Agent: Technical Director
Address: The Yard, 157 13th Street, #315, Brooklyn, NY, 11249, USA
Email Address: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to DropModel for certain costs and damages.
16.2 Changes to our Services.
We may update the content of our Services, including content on our Website, from time to time; such content is not necessarily complete or up to date. Any material found in our Services or on our Website may be out of date at any given time, and we are under no obligation to update such material.
17.1 Governing Law and Jurisdiction.
17.3 Limitation on Time to File Claims.
The following sections of these Terms and Conditions will survive the expiration or termination of your use of our Services and the termination of any account you hold with DropModel: all defined terms and Sections 2-15, 17-19.
19.2 Commercial Items.
If acquired by any agency of the United States Government, such agency acknowledges that (i) the Services constitute "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (ii) such agency's rights are limited to those specifically granted under these Terms.]
19.3 Section Titles; Third Party Beneficiary Rights.
Please report any problems, offensive content, policy violations, and/or other abuse of our Services to us at email@example.com.
19.6 Entire Agreement.
If you have any questions about these Terms and Conditions or our site in general, please contact us at:
Address: DropModel at The Yard, 157 13th Street, #315, Brooklyn, NY, 11249, USA