PRO PACKAGE SUBSCRIPTION TERMS & CONDITIONS
UnderBuilt, LLC PRO PACKAGE SUBSCRIPTION PLAN AGREEMENT
This Pro Package Subscription Plan Agreement (the "Agreement") is a legal contract between the customer ("Customer," "You" or "Your") and UnderBuilt, LLC ("UnderBuilt"). This Agreement governs your purchase of UnderBuilt property reports (the "Property Reports") under a pro package subscription plan (each, a "Pro Package Subscription Plan") offered on UnderBuilt’s website https://underBuilt.com (the "UnderBuilt Website"). Your purchase of Property Reports under a Pro Package Subscription Plan is conditioned on your acceptance of this Agreement. Customer accepts and agrees to be bound by all the terms and conditions of this Agreement, in addition to the Terms & Conditions of the Website (the "Website T&C") found at https://underBuilt.com/policies/terms. In the event of any conflict between the terms hereof and the Website T&C, the terms of this Agreement shall control. Since this is a binding legal agreement between you and UnderBuilt, we recommend that you print a copy of this Agreement for your records.
1. THE PRO PACKAGE SUBSCRIPTION PLAN.
UnderBuilt offers the following month-to-month Pro Package Subscription Plan:
Pro Package Subscription - $79.99/month, cancelable up to 24 hours prior to the next scheduled payment. Customer may order an unlimited number of Standard Property Reports with Premium Property Reports offered at $29.99 each.
UnderBuilt reserves the right to modify, enhance, or supplement the Pro Package Subscription Plans at any time in its sole discretion, provided that those modifications do not materially and adversely affect your rights or obligations under this Agreement.
2. REGISTRATION PROCESS
3. YOUR PROMISES AND OBLIGATIONS
AS A CONDITION OF RECEIVING ANY PROPERTY REPORTS, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
(a) Customer acknowledges and agrees that UnderBuilt may affix your company’s name and logo to each and every Property Report generated pursuant to your Pro Package Subscription Plan and you covenant, represent and warrant that you will not remove your name and logo from any such Property Reports or from any copies made of such Property Reports;
(b) All of the registration information you supply to UnderBuilt is true, complete, and accurate, and you will notify UnderBuilt of any changes to your registration data during the term of this Agreement and submit updated information within ten (10) days of any such changes;
(c) You will not permit any third parties to have access to your account and password, you will safeguard your account user name and password by not disclosing your password to any third parties, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Property Report with your user name and password;
(e) You will comply with all local, state, and federal laws and regulations governing your actions under this Agreement; and
(f) You have full power and authority to enter into this Agreement and to perform your obligations hereunder.
Without limiting its other remedies, UnderBuilt may refuse or cancel your account at any time for any violation of the foregoing promises.
You agree to pay UnderBuilt the recurring monthly subscription fees listed on UnderBuilt’s Website for the Pro Package Subscription Plan you select. Completion and submission of any Pro Package Subscription Plan activation form authorizes UnderBuilt to charge the credit card specified in your registration for all such fees and any related taxes corresponding to the selected Pro Package Subscription Plan. Such charges will be made on a monthly basis, coinciding with the subscription period for the selected Pro Package Subscription Plan. Any failure to pay the amounts due under this Agreement will be a material breach of your obligations under this Agreement for which UnderBuilt may terminate this Agreement. Without limiting any other remedies available to UnderBuilt, YOU AGREE TO FULLY REIMBURSE UnderBuilt FOR ANY COSTS AND EXPENSES THAT UnderBuilt MAY INCUR IN CONNECTION WITH COLLECTING OR ATTEMPTING TO COLLECT ANY SUCH UNPAID AMOUNTS.
4.1 Price and Payment.
Customer shall pay UnderBuilt monthly subscription fees, in U.S. Dollars, as indicated at https://underBuilt.com for the selected Pro Package Subscription Plan in addition to the applicable fees for any single non-Standard Property Report or additional feature. UnderBuilt reserves the right to increase prices upon the expiration of the Customer’s contracted term. Price increases shall be posted on UnderBuilt’s Website 30 days prior to taking effect. UnderBuilt agrees to submit written notice to the primary email on record for the Customer at least 30 days prior to taking effect.
4.2. Method of Payment.
UnderBuilt accepts payment by Credit Card (Visa, MasterCard, Amex), PayPal or Stripe. You may be required to store a credit card in your account which you authorize UnderBuilt, LLC to charge monthly for the recurring monthly subscription fees.
4.3. Credit Card Chargebacks.
Anytime a "chargeback request" is received from UnderBuilt’s merchant bank, UnderBuilt reserves the right to immediately suspend Customer’s account until the chargeback request has been formally resolved. This process may take up to, and possibly more than a week. If you are disputing a billing error, UnderBuilt encourages Customer to first contact UnderBuilt’s Customer Service to resolve any discrepancies to avoid having Customer’s account suspended upon notification of a chargeback request. UnderBuilt reserves the right to refuse to generate any further Property Reports for Customer while a chargeback request notice is pending investigation.
4.4 Billing Cycle; Automatic Renewal.
Each Pro Package Subscription Plan will begin as of the date of activation and the billing cycle will be measured from the activation date. Customer will be automatically charged each month for the Customer’s Pro Package Subscription Plan unless canceled by Customer at least 24 hours prior to the scheduled payment. In the event that UnderBuilt institutes any annual plans, then annual plan customers will be charged once per year with automatic one-year renewals unless customer cancels at least 24 hours before the scheduled payment. To cancel your policy, simply go to the cancellation page and submit your request for cancellation within the specified time period to avoid further charges.
5. PRICING CHANGES AND OTHER MODIFICATIONS
UnderBuilt reserves the right to increase prices upon the expiration of the Customer’s Pro Package Subscription Plan. Price increases shall be posted on UnderBuilt’s Website 30 days prior to taking effect. UnderBuilt agrees to submit written notice to the primary email on record for the Customer at least 30 days prior to taking effect.
UnderBuilt may change any other terms of this Agreement, at any time by updating the terms posted on UnderBuilt’s Website. Changes to terms not related to pricing will become effective fifteen (15) days after such notification. If you do not agree to any changes posted by UnderBuilt in accordance with this Section, you must cancel your account as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
6. TERM AND TERMINATION OF AGREEMENT
The term of this Agreement will begin on the date that UnderBuilt accepts your initial registration and will continue in force until terminated according to this Section. At any time after activation of a Pro Package Subscription Plan, you may terminate this Pro Package Subscription Plan by submitting a request for cancellation via the cancellation page on UnderBuilt’s Website; provided that, to avoid any further charges such cancellation request must be submitted at least 24 hours prior to the next scheduled payment. Your Pro Package Subscription Plan will be terminated upon submission of your cancellation notice. Additionally, UnderBuilt also reserves the right to cancel your Pro Package Subscription Plan if you fail to make your monthly payments, or immediately and without notice in the event that you breach any provision of this Agreement or any of the Website T&C.
No refunds will be available on account of any termination of this Agreement. Sections 7 through 9 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement. Report credits purchased under the Pro Package Subscription Plan are only available while the Subscription remains active. If you cancel a subscription, outstanding credits purchased during the subscription period will be lost.
You agree to indemnify, hold harmless, and (at UnderBuilt’s request) defend UnderBuilt and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys’ fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; (b) any representation or warranty made by you or any of your representatives or agents regarding the Property Reports; (c) the information you supply to UnderBuilt, including your registration data; and (d) your distribution of any Property Reports to any third parties. This obligation shall survive any termination of your relationship with UnderBuilt.
8. DISCLAIMER; LIMITATION OF LIABILITY
All Property Reports are delivered "AS IS" and, accordingly, UnderBuilt does not guarantee or warrant the accuracy, reliability or completeness of the information contained in any Property Report nor its usefulness in achieving any particular outcome or result. In connection herewith, UnderBuilt, LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ITS PROPERTY REPORTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Any party using a Property Report is responsible for assessing the accuracy of the content of the Property Report through such party’s own personal inspection of the subject property and/or consultation with appropriate professional advisors. You should not rely on any Property Report when making any decisions regarding the subject property, including (without limitation) any acquisition or other investment decision regarding the subject property.
UnderBuilt will not be liable, under any theory of law or equity, for any loss, damage, cost or expense incurred or arising by reason of any person, whether a customer of UnderBuilt or any other third party, using or relying upon the information contained in any Property Report, whether or not UnderBuilt is notified of the possibility of such loss, damage, cost or expense.
9. SOLE AND EXCLUSIVE REMEDY
If you are dissatisfied with your Pro Package Subscription Plan or any Property Reports ordered hereunder, your sole and exclusive remedy is to cancel your account according to this Agreement. No refunds are available.
This Agreement, along with UnderBuilt’s other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and UnderBuilt with respect to your account and Pro Package Subscription Plan. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.
Failure or delay is due to circumstances beyond the party’s reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws.
If you have any questions about this Agreement or UnderBuilt’s Pro Package Subscription Plans, please contact UnderBuilt.