General Terms & Conditions

Effective Date: July 1st, 2019

 

Welcome to the terms and conditions ("Terms") for BrokeredIn, LLC. (BrokeredIn®). These Terms are between you and BrokeredIn® and/or its affiliates and govern our respective rights and obligations. Please note that your use of the BrokeredIn® software and membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements set forth by BrokeredIn®, all of which (as changed over time) are incorporated into these Terms.

 

If you sign up for a BrokeredIn® membership, you accept these terms, conditions, limitations and requirements:

·         Terms & Conditions

·         SaaS Agreement

·         License Agreement

·         Software Support Agreement

·         Platform disclaimer

·         Legal Information Disclaimer

·         Copyright Notice

·         ReportEducational & eBook Disclaimer

·         Linking Policy

·         Report Disclaimer

 

Our details

             BrokeredIn® is owned and operated by BrokeredIn LLC.

Copyright (c) 2019 BrokeredIn

             We are registered in State of N. Carolina, our registered office is at 114 Old Bridge St, Jacksonville, NC 28540

             Our principal place of business is at 7211 SW 48th St., Miami, FL 33155.

             You can contact us:

(a)              by post, to the postal address given above;

(b)              using BrokeredIn contact form;

(c)              by telephone, on the contact number published on BrokeredIn; or

(d)              by email, using the email address support@BrokeredIn.com available under https://BrokeredIn .com/contact.

 

Membership Cancellation

 

If you signed-up for your BrokeredIn® membership directly through us, you may cancel your BrokeredIn® membership at any time by writing to us by email at support@BrokeredIn.com an address available under https://BrokeredIn .com/contact . If you cancel within 3 business days of signing up for or converting from a free trial to a paid membership, we will refund your full membership fee.

 

If you cancel at any other time, we will discontinue billing for any future period since your latest BrokeredIn® membership charge, and your subscription will be good through the end of the current billing period at your latest membership level.

 

If you signed up for your BrokeredIn® membership through your employer, you may need to contact your company Administrator to cancel your membership or receive any refund under its applicable policies.

 

There are no BrokeredIn® membership redemptions available for any trial periods offered in any form or format or from any discounted long term pre-paid memberships.

 

Different Memberships Available

 

We offer BrokeredIn® members the ability to upgrade or downgrade their membership status, by writing to us by email at support@BrokeredIn.com an address available under https://BrokeredIn .com/contact  in the first week of any month  (“Open Enrollment”), subject to these Terms, require you to have a valid BrokeredIn® Membership, and may add additional fees for additional services or reduce your fees and services. As used in these Terms and hereinafter, “BrokeredIn® Membership” applies to all memberships.

 

Other Limitations

 

Fees and Renewal

The membership fee(s) for BrokeredIn® are published on our website, and can be found on our Pricing Page.   The BrokeredIn® membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on membership fees.

 

If you sign up for your BrokeredIn® membership through us and are billed by us, then the billing terms described below will apply to your membership.

 

If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

 

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR BROKEREDIN® MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

 

If you signed up for your BrokeredIn® membership through a third party such as your employer and are not billed directly by us, then any billing terms provided by the third party and will apply to your membership, you should contact your employer or IT Administrator for any information regarding fees if not billed directly from BrokeredIn®.

 

Promotional Trial Memberships

We from time to time offer certain customers various trial or other promotional memberships, also subject to these Terms except as otherwise stated in the promotional offer(s). Trial members may at any time (after logging in to your Personal Dashboard, and then accessing the Account Information section and choosing to “opt out” or cancel a paid membership before the end of any trial period.

 

Agreement Changes

We may in our discretion change these Terms, or any aspect of any BrokeredIn® Membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

 

Termination by Us

We may terminate your BrokeredIn® Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the BrokeredIn® membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

 

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS presented in these Terms, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR BROKEREDIN® MEMBERSHIP.

 

 

Disputes

Any dispute or claim relating in any way to these Terms or your use of BrokeredIn®, or to any products or services sold or distributed by BrokeredIn® or through BrokeredIn®.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent The Sacks Firm, Chrysler Building, 37th Floor, 405 Lexington Avenue, New York, NY 10174. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BrokeredIn® will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Our details

BrokeredIn is owned and operated by BrokeredIn LLC..

We are registered in State of N. Carolina, our registered office is at 114 Old Bridge St, Jacksonville, NC 28540

Our principal place of business is at 7211 SW 48th St., Miami, FL 33155.

You can contact us:

(a)           by post, to the postal address given above;

(b)           using BrokeredIn contact form;

(c)           by telephone, on the contact number published on BrokeredIn; or

(d)           by email, using the email address support@BrokeredIn.com available under https://BrokeredIn .com/contact.

 

EXECUTION

SIgning up for the subscribtion of BrokeredIn a client have indicated their acceptance of this Agreement, in its entirety.