INSTANT OFFER ENGINE™ Terms of Service

By using INVESTIDOM LLC DBA INSTANT OFFER ENGINE™ products, software, services or web sites ("INSTANT OFFER ENGINE™ Services"), you agree to the following terms and conditions, and any related policies, guidelines or amendments, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We reserve the right to update these Terms in the future. You can find the most current version of the Terms on the INSTANT OFFER ENGINE™ website at www.instantofferengine.com/terms-of-service.

INVESTIDOM LLC, its subsidiaries, and affiliated companies (collectively "INSTANT OFFER ENGINE™") offer its INSTANT OFFER ENGINE™ Services to you, if you have the legal capacity to enter a contract under the laws of the United States. In order to access certain INSTANT OFFER ENGINE™ Services, we may require you to provide current and accurate identification, contact and other information as part of the registration process or continued use of INSTANT OFFER ENGINE™ Services. You agree to maintain the confidentiality of your account password and all activities that occur under your account. You agree to notify INSTANT OFFER ENGINE™ immediately of any unauthorized use of your password or account or any other breach of security that may affect your account. INSTANT OFFER ENGINE™ cannot and will not assume liability for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

CUSTOMER SUPPORT

INSTANT OFFER ENGINE™ provides customer support by telephone and email, Monday through Friday, between 10AM and 5PM CST. INSTANT OFFER ENGINE™ provides technical support relating to errors in, or the improper functioning of, the services at no additional cost. INSTANT OFFER ENGINE™ reserves the right to cancel and disable an account if INSTANT OFFER ENGINE™, in its sole judgment, determines that a customer or the customer’s primary contact has displayed a pattern of abusive, irrational or otherwise disruptive communication with the INSTANT OFFER ENGINE™ Customer or Tech Support teams, or any other INSTANT OFFER ENGINE™ employee.

APPROPRIATE CONDUCT

You understand and agree that you remain solely responsible for any information, data, text, email, software, photographs, graphics, video, messages or other materials ("Content") you originate or provide INSTANT OFFER ENGINE™. INSTANT OFFER ENGINE™ reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via INSTANT OFFER ENGINE™ Services. You further understand that using INSTANT OFFER ENGINE™ Services may expose you to offensive, indecent or objectionable Content, and that you use INSTANT OFFER ENGINE™ Services at your own risk.

You agree that you remain solely responsible for your own conduct and any Content that you create, transmit or display while using INSTANT OFFER ENGINE™ Services and for any consequences that may occur as a result. You agree to use INSTANT OFFER ENGINE™ Services only for legal and proper purposes and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts INSTANT OFFER ENGINE™ Services or servers or networks connected to INSTANT OFFER ENGINE™ Services.

In addition to and incorporated into these Terms, INSTANT OFFER ENGINE™ may promulgate separate policies or guidelines to govern your use of certain specific INSTANT OFFER ENGINE™ Services.

PROPRIETARY RIGHTS

INSTANT OFFER ENGINE™'S RIGHTS

You acknowledge and agree that INSTANT OFFER ENGINE™ Services and any necessary software used in connection with INSTANT OFFER ENGINE™ Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws and treaties. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, INSTANT OFFER ENGINE™ Services or Software, in whole or in part except as specifically authorized in writing by INSTANT OFFER ENGINE™ or other proper third-party rights holders.

Subject to these Terms, INSTANT OFFER ENGINE™ grants you a personal, non-transferable and non-exclusive right and license to use its Software; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless permitted or required by law or expressly authorized in writing by INSTANT OFFER ENGINE™.

You agree not to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to INSTANT OFFER ENGINE™ Services. Except as expressly authorized by INSTANT OFFER ENGINE™ you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way likely to cause confusion among consumers. You also agree not to remove, obscure, or alter INSTANT OFFER ENGINE™'s or any third-party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the INSTANT OFFER ENGINE™ Services or Software.

YOUR RIGHTS

INSTANT OFFER ENGINE™ claims no ownership or control over any Content submitted, posted or displayed by you on or through INSTANT OFFER ENGINE™ Services. You or a third-party licensor, as appropriate, retain all ownership of patent, trademark and copyright to any Content you submit, post or display on or through INSTANT OFFER ENGINE™ Services and responsibility for protecting those rights. By submitting, posting or displaying Content on or through INSTANT OFFER ENGINE™ Services intended for public dissemination, you grant INSTANT OFFER ENGINE™ a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on INSTANT OFFER ENGINE™ Services for the purpose of displaying, distributing and promoting INSTANT OFFER ENGINE™ Services. INSTANT OFFER ENGINE™ reserves the right to syndicate Content submitted, posted or displayed by you on or through INSTANT OFFER ENGINE™ Services and use that Content in connection with any service offered by INSTANT OFFER ENGINE™. INSTANT OFFER ENGINE™ furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted by this section to any content submitted.

GRANT OF LICENSE

This License Agreement (License) permits you to use a single login, on a single domain name (URL). INSTANT OFFER ENGINE™ licenses the Software as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. This Agreement requires that each user of the Software have a license, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this Software at any time. This does not provide for concurrent use across multiple domain names (URLs) unless INSTANT OFFER ENGINE™ specifically agrees and you order such concurrent use at an additional cost above the normal licensing fee. Each Software user must have an individual, or access as part of a group Multi-User License. You access the Software when accessed you log in via web browser or hyperlinked from any source. The software may reside (whether built in or framed) within one primary domain name (URL), unless specifically agreed upon in the service agreement.

LIMITATIONS ON LICENSE

Except as expressly permitted by these Terms, INSTANT OFFER ENGINE™ grants no rights to do any of the following, and you shall not cause or allow anyone else, to do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (b) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, or (c) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third-party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying or use. If you violate these limitations, you acknowledge that we may block access to our servers and terminate your account without prior notice.

DATA SERVICES

INSTANT OFFER ENGINE™ provides certain services from third-party data services. INSTANT OFFER ENGINE™ expressly disclaims responsibility for the accuracy, completeness, functionality, usability, availability or merchantability of the data services provided by third-party data suppliers. You provide access and use of data services strictly at your own risk.

EMAIL SERVICES

You agree that you shall (i) not use INSTANT OFFER ENGINE™ Services for "spamming," as determined by INSTANT OFFER ENGINE™ in its reasonable discretion; (ii) keep secure any identification, password and other confidential information relating to your site and shall notify INSTANT OFFER ENGINE™ immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iii) not use the INSTANT OFFER ENGINE™ Services for any unlawful purpose; (iv) not engage in any other conduct that restricts or inhibits any other person from using or enjoying INSTANT OFFER ENGINE™ Services, or which, in the judgment of INSTANT OFFER ENGINE™ exposes INSTANT OFFER ENGINE™ or any of its customers or suppliers to any liability or detriment of any type; and (vi) remain solely responsible for obtaining, maintaining and paying for all telephone, computer hardware and other equipment needed to access and use the INSTANT OFFER ENGINE™ Services.

MALWARE, SPYWARE, AND WRAPPERS

You agree that you shall not distribute, intentionally or not, malware, spyware, or other code that INSTANT OFFER ENGINE™ considers a liability. INSTANT OFFER ENGINE™ reserves the right to disable any account that demonstrates such behavior.

SOFTWARE AND AUTOMATIC UPDATES

These Terms and any additional terms and conditions of the end-user license agreement accompanying Software provided by INSTANT OFFER ENGINE™ shall govern your use of such Software. INSTANT OFFER ENGINE™ may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop INSTANT OFFER ENGINE™ Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that INSTANT OFFER ENGINE™ has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by INSTANT OFFER ENGINE™ Services. You acknowledge that INSTANT OFFER ENGINE™ may have set no fixed upper limit on the number of transmissions you may send or receive through INSTANT OFFER ENGINE™ Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

MODIFICATIONS TO SERVICE

INSTANT OFFER ENGINE™ reserves the right at any time and from time to time to modify temporarily or permanently or discontinue INSTANT OFFER ENGINE™ Services (in whole or part) with or without notice. You agree that INSTANT OFFER ENGINE™ shall not bear any liability to you or to any third-party for any modification, suspension or discontinuance of INSTANT OFFER ENGINE™ Services.

BILLING POLICIES

The fee for INSTANT OFFER ENGINE™ Services comes due upon your payment of the chosen subscription as published on www.instantofferengine.com. INSTANT OFFER ENGINE™ will bill your credit card on or around the same day of the month, quarter, or year in which your account credentials originated. (For example, if your account activated on the 25th of the month, INSTANT OFFER ENGINE™ will bill your credit card on or around the 25th of each month). Services and charges will continue on a month-to-month, quarterly, or yearly basis in accordance with the subscription you chose, unless otherwise stated in these Terms. Payment of the subscription license fee covers INSTANT OFFER ENGINE™ Services for the entire chosen billing cycle, whether or not you log onto your account. INSTANT OFFER ENGINE™ will not refund fees paid.

Additionally, you understand that your subscription to the services provides you with the allotted amount of “Instant Cash Offers” per month of the plan you subscribed to. If you exceed your allotted “Instant Cash Offers” per month, you understand and agree that you will be billed automatically at the rate stated in your plan per “Instant Cash Offers” that exceed your allotment.

If you register for a FREE TRIAL, which is made to you by INSTANT OFFER ENGINE™ (as defined in the INSTANT OFFER ENGINE™ Terms and Conditions of Use), entitles you access to the INSTANT OFFER ENGINE™ Services for a period of fourteen days (14) days from the moment that you activate such trial period by submitting your payment details (the "FREE TRIAL Period"). By submitting your payment details, you accept the  FREE TRIAL Offer and (i) consent to us using your payment details in accordance with our Privacy Policy, (ii) acknowledge and agree to INSTANT OFFER ENGINE™ Terms and Conditions of Use and these INSTANT OFFER ENGINE™ FREE TRIAL Terms and Conditions. If you decide that you do not want to become a paying user of the INSTANT OFFER ENGINE™ Service upon the lapse of the FREE TRIAL Period, you have to terminate your Subscription by the end of the FREE TRIAL Period. You are solely responsible to cancel the subscription within this 14-day trial period to avoid being charged for the full subscription fee. INSTANT OFFER ENGINE™ is not obliged to reimburse customers for delayed subscription cancellations. You may only use this FREE TRIAL Offer once. INSTANT OFFER ENGINE™ reserves the right, in its absolute discretion, to withdraw or to modify this FREE TRIAL Offer and/or the INSTANT OFFER ENGINE™  FREE TRIAL Terms and Conditions at any time without prior notice and with no liability. 

If you cancel INSTANT OFFER ENGINE™ Services, please notify INSTANT OFFER ENGINE™ prior to your next monthly billing date. You must initiate cancellation from the Billing Panel of your User Account. If for any reason you cannot cancel from your Billing Panel, you may notify INSTANT OFFER ENGINE™ of your intent to cancel your subscription by email ([email protected]); however, such cancellations do not become effective until received by INSTANT OFFER ENGINE™. Please note that you cannot cancel by telephone; you must cancel in writing.

Cancelled accounts automatically terminate at the end of the current billing cycle, as long INSTANT OFFER ENGINE™ receives your cancellation notice prior to the next monthly billing date (see above). Your account will remain active until terminated by the billing program. INSTANT OFFER ENGINE™ does not assess a cancellation fee nor provide a refund for any unused service. Non-usage of an account does not constitute cancellation of INSTANT OFFER ENGINE™ Services. Subscribers remain responsible for full payment on all accounts until properly cancelled.

TERMINATION

You may discontinue your use of INSTANT OFFER ENGINE™ Services at any time. You agree that INSTANT OFFER ENGINE™ may at any time and for any reason, including a period of account inactivity, terminate your access to INSTANT OFFER ENGINE™ Services, terminate the Terms, or suspend or terminate your account. If terminated, INSTANT OFFER ENGINE™ will disable your account and you will not have access to INSTANT OFFER ENGINE™ Services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive expiration or termination.

LINKS

INSTANT OFFER ENGINE™ may provide, or third-parties may provide, links to other World Wide Web sites or resources. INSTANT OFFER ENGINE™ has no control over such sites and resources. You acknowledge and agree that INSTANT OFFER ENGINE™ has no responsibility for the availability of such external sites or resources, and does not endorse or assume liability for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that INSTANT OFFER ENGINE™ has no responsibility or liability, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

CLIENT ANNOUNCEMENTS

INSTANT OFFER ENGINE™ reserves the right to publish links to customer websites and positive feedback to our website and other public forums, such as news websites, blogs and other industry-specific websites. If you do not want us to quote your positive experiences or announce your use of our service you must notify us in advance. If INSTANT OFFER ENGINE™ receives notice after initial publication date, we will promptly remove any notices generated from these announcements.

NEWSLETTER/UPDATE OPT-IN

You agree to allow INSTANT OFFER ENGINE™ to opt you into newsletter, new feature, and other email announcements provided by INSTANT OFFER ENGINE™. You may opt-out of any such newsletter, feature or announcements at any time, by following the instructions provided at the bottom of each such publication.

INDEMNITY

You agree to indemnify and hold INSTANT OFFER ENGINE™, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "INSTANT OFFER ENGINE™ and Partners") harmless from and against any third-party claim arising from or in any way related to your use of INSTANT OFFER ENGINE™ Services, violation of the Terms or any other actions connected with use of INSTANT OFFER ENGINE™ Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. If served or notified of any such third-party claim, lawsuit or action, INSTANT OFFER ENGINE™ will immediately (within reason) provide you with written notice of such claim, lawsuit or action.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOU USE INSTANT OFFER ENGINE™ SERVICES AT YOUR SOLE RISK. INSTANT OFFER ENGINE™ PROVIDES THE INSTANT OFFER ENGINE™ SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTANT OFFER ENGINE™ EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

INSTANT OFFER ENGINE™ DOES NOT REPRESENT OR WARRANT (i) THAT INSTANT OFFER ENGINE™ SERVICES WILL MEET YOUR REQUIREMENTS, (ii) INSTANT OFFER ENGINE™ WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE INSTANT OFFER ENGINE™ SERVICES, (iii) THE ACCURACY OR RELIABILITY OF ANY RESULTS OBTAINED FROM THE USE OF INSTANT OFFER ENGINE™ SERVICES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH INSTANT OFFER ENGINE™ SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) THAT INSTANT OFFER ENGINE™ WILL CORRECT ANY ERRORS IN THE SOFTWARE.

YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF INSTANT OFFER ENGINE™ SERVICES AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK AND THAT YOU REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTANT OFFER ENGINE™ OR THROUGH OR FROM INSTANT OFFER ENGINE™ SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSTANT OFFER ENGINE™ SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSTANT OFFER ENGINE™ OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE INSTANT OFFER ENGINE™ SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM INSTANT OFFER ENGINE™ SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON INSTANT OFFER ENGINE™ SERVICES; OR (v) ANY OTHER MATTER RELATING TO INSTANT OFFER ENGINE™ SERVICES.

EXCLUSIONS AND LIMITATIONS

INSTANT OFFER ENGINE™ DOES NOT INTEND TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH IT MAY NOT LAWFULLY EXCLUDE OR LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, ONLY THE LIMITATIONS SET FORTH ABOVE, WILL LAWFULLY APPLY TO YOU. INSTANT OFFER ENGINE™ EXPRESSLY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO THIRD PARTY BENEFICIARIES

These Terms do not create, except as otherwise expressly provided, any third-party beneficiaries.

NOTICE

You agree that INSTANT OFFER ENGINE™ may notify you, including those regarding changes to the Terms, by email, regular mail or web postings on INSTANT OFFER ENGINE™ Services.

GENERAL TERMS

Entire Agreement. The current version of these Terms (including any related policies, guidelines or amendments such as Program Policies and Legal Notices) constitute the entire agreement between you and INSTANT OFFER ENGINE™ and govern your use of INSTANT OFFER ENGINE™ Services and supersede any prior such agreements.

Arbitration. You agree to attempt to resolve any dispute with INSTANT OFFER ENGINE™ arising out of or relating to the Services through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

Choice of Law and Forum. The laws of the State of Texas without regard to its conflict of law provisions shall govern the Terms and the relationship between you and INSTANT OFFER ENGINE™. You and INSTANT OFFER ENGINE™ agree to submit to the personal and exclusive jurisdiction of the courts located within Comal County, Texas.

Waiver and Severability of Terms. INSTANT OFFER ENGINE™'s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds that any provision of the Terms unenforceable or invalid, you agree that the court should endeavor to give effect to the parties' intentions as reflected by the invalidated provision to the maximum extent possible, and that the other provisions of the Terms remain in full force and effect.

Section Headings. INSTANT OFFER ENGINE™ uses section headings in the Terms for convenience only and such headings have no legal or contractual effect.