Updated September 2018
1. Falkon’s Role.
FALKON DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. FALKON IS NOT REAL ESTATE BROKER OR AGENT. Falkon's business is funded through success fee and advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Falkon may serve advertisements based on the information we collect through the Services.
2. Falkon’s Brands.
3. Eligibility; Accounts and Registration.
4. Use of the Services; Restrictions.
A. Use of the Services.
B. Mobile Applications.
C. Use of Content.
5. Prohibited Use.
B. Success Fee.
You are solely responsible for the payment of any fees incurred in connection with your use of the Services, including without limitation, those fees associated with the sale of a property. As stated above, Falkon is not responsible or liable in any way whatsoever for any financial transactions made or attempted between or by Users of the Services.
You will be able to access aspects of the Services on compatible mobile devices (through an Internet-enabled mobile device on which you have downloaded or can otherwise access the applicable application, collectively an “Application”). Standard data and usage charges instituted by your mobile carrier may apply and, accordingly, you should check with your mobile carrier regarding the terms of your individual data or usage plan.
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Falkon to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Falkon may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: email@example.com, by contacting your business consultant, or through your settings page for the paid feature.
7. User Materials.
A. UGC Definition; License Grant.
B. UGC Disclaimer.
8. 3rd Party/Linked Services/Sent information.
B. Certain Third-Party Services.
(i) Real Estate & Finance Products. If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Falkon (and, in the event that the Third-Party Provider is a bank, real estate broker, real estate agent, landlord, real estate developer, real estate manager, lender, financial institution, originator, loan broker, or mortgage professional, each a “real estate professional”, you authorize Falkon) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes, property information, or general inquiry through the Services is not an application for credit or offer. Falkon is only providing an administrative service to consumers and participating Lenders. Decisions regarding Real Estate Professionals contacting consumers or visa versa are made by users and subscribers of Falkon and not Falkon. These non-binding inquiries are not intended to be official offer as defined in the Real Estate Settlement Procedures Act.
C. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(iii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
9. Intellectual Property.
If you choose to provide input and suggestions regarding the Services, including related to any Falkon Materials (“Feedback”), then you hereby grant Falkon an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
11. DMCA; Claims of Copyright Infringement.
Falkon respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Falkon in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent
may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows: By e-mail: firstname.lastname@example.org
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
12. Termination/Changes to Agreement.
B. Other Terms.
15. No Warranties.
16. Limitation of Liability/Exclusive Remedy.
17. Choice of Law; Disputes.
19. Consent to Electronic Communications.
20. 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 Services 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 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
21. Contact Information and License Disclosures.
The Services are offered by Falkon App, LLC. You may contact Falkon by sending emailing correspondence email@example.com.
22. Notice to Apple Users.