TKO Properties is now CashFlow Property Finder

Terms and Conditions

CashFlow Website Service. CashFlow Property Finder hereby grants to the Customer the non-transferable, non-exclusive right to gain computerized access to the CashFlow service, pursuant to the terms and conditions set forth herein. The rights granted herein may not be sublicensed, assigned or transferred by Customer in any manner whatsoever, and any attempted assignment or transfer shall be null and void and of no force and effect. Appropriate use of the CashFlow service by the Customer is a determinant condition of the present Agreement. In particular, the following are strictly prohibited (i) the use of robots, automated intelligence agents, or any automated device in order to access the CashFlow service and retrieve information from it; (ii) the systematic downloading of any CashFlow database or significant segments of any CashFlow database. Any such improper usage of the CashFlow service will be deemed abuse and will result in suspension or cancellation of Customer access to the CashFlow service.

Customer shall provide its own terminal, modem or any other equipment or software necessary to access the CashFlow service. Customer shall be responsible for assuring that its equipment is compatible with access requirements for the Internet, its Internet access provider, and for the CashFlow service. Customer agrees to be solely responsible for its access to the Internet. Any effect on service provided by Customer's Internet carrier, including the availability or response time of service is not the responsibility of CashFlow Property Finder. Further, CashFlow Property Finder is in no way responsible for the theft of information from the Customer or CashFlow service by unauthorized users.

Ownership Rights. Customer acknowledges that CashFlow Property Finder and/or its Vendors retain all right, title and interest under the applicable copyright laws in the information from various databases contained therein (the "Information"). Customer further acknowledges that this Agreement grants Customer a limited license, in exchange for payment of the fees and charges established in this Agreement, to (i) receive electronic copies of the information and (ii) make paper copies of the Information for Customer's internal use. Nothing in this Agreement shall be construed to grant Customer the right to redistribute electronic or paper copies to any third party without the prior written consent of CashFlow Property Finder, unless otherwise required to do so by statute or regulation. The copyright in the Information and any hard copy or visual representation of Information obtained from CashFlow belongs to CashFlow Property Finder or its Vendors save as otherwise indicated in relation to individual third party data providers. Customers may not use the CashFlow Service or any part thereof except in the ordinary course of their own business (not including redissemination, recirculation or republication) and may not transfer, retransmit, duplicate or resell the same, except as provided herein. Customer shall abide by all laws, rules and regulations applicable to the use of such materials and all other restrictions. Customer hereby grants to Vendors the right to enforce or assert the provisions of this Agreement on their own behalf.

Products and Services. Customer agrees that CashFlow Property Finder reserves the right to change or modify the CashFlow service (including features) without notice. CashFlow Property Finder will, from time to time, publish on its web site notices concerning the CashFlow service, or make available this information by other means. These notices may be amended and updated by CashFlow Property Finder within its discretion, and shall be deemed to be part of this Agreement as if fully set forth herein.

Customer Account and User ID's. CashFlow Property Finder will issue to Customer an account number and one or more User ID's, such number to be determined at CashFlow Property Finder's discretion. Where applicable, Customer agrees that the User ID is valid only at the location for which it is issued. Customer is responsible for the confidentiality of its User ID's. All terms and conditions of this Agreement apply to all User ID's issued under this Agreement, and Customer agrees to assume full responsibility for compliance with the terms and conditions of the Agreement, including payment for any charges incurred resulting from the use of Customer's User ID's by anyone, and for maintaining security and confidentiality with regard to all such User ID's. If Customer becomes aware of any unauthorized usage of its account, Customer shall notify CashFlow Property Finder immediately by calling its main number listed on the front page and shall confirm the notifications with any details it may have in writing, either online, or in paper format, to CashFlow Property Finder.

Term of the Agreement. The initial term of this Agreement shall commence on the start date specified on the first page hereof, provided it is signed by Customer, and continue for a period of twelve (12) months save as otherwise provided for on the first page hereof ("Initial Term"). Thereafter, this Agreement shall automatically renew for subsequent one year periods ("Renewal Term") unless either party gives the other written notice of termination at least thirty (30) days prior to the end of the Initial Term or Renewal Term, as the case may be. Not withstanding the foregoing, CashFlow Property Finder may cancel this Agreement with thirty (30) days prior written notice to the Customer. Additional User ID's may be added at any time to the subscription upon written request from Customer abiding by the terms and conditions presented herein. Additional User ID's will be given the same Initial or Renewal Term as provided in the initial Agreement. Customer will be charged a prorated amount based on the month in which the new User ID(s) were added to the Agreement. If either party shall default in the performance of any material provision contained in this Agreement, and such default shall not have been cured within thirty (30) days after written notice thereof shall have been given to the defaulting party, the party giving such notice, in addition to any other rights and remedies available in law or equity, may then immediately terminate this Agreement.

Charges. Payments. Suspension of User ID's. CashFlow Property Finder shall invoice the Customer for all CashFlow services rendered to Customer and all subscription fees, if applicable, and all applicable taxes. All rates are in US Dollars and are exclusive of taxes. The information regarding the end-users is shown on the “CashFlow User ID” Form that forms part of this Agreement. Customer agrees to allow CashFlow’s merchant account to charge their credit card for annual subscription fees. In the event of a payment failure of Customer’s credit card, Customer has five (5) business days to provide a new credit card. Any question or dispute concerning a charge must be submitted in writing by facsimile or mail, by Customer within thirty (30) days after the date of the charge. If Customer attempts a charge back or in any way is delinquent in payment to CashFlow, Customer agrees to pay the cost of collection of delinquent accounts including reasonable attorneys' fees. In addition CashFlow Property Finder may, at its sole discretion and without notice to Customer, suspend or cancel Customer's User ID's if charges are not paid when due, or if Customer is otherwise in breach of the material terms and conditions of the Agreement. A suspended or cancelled User ID may be reinstated only with the approval of CashFlow Property Finder and may be subject to an additional service charge.

Documentation. Complete documentation on the use of CashFlow is available online. All user documentation may be copied for non-commercial use.

CASHFLOW EXECUTIVE MEMBERSHIP Service. The following terms and conditions apply in the event the CASHFLOW EXECUTIVE MEMBERSHIP service has been selected and form part of the CashFlow service Agreement. The use of the CASHFLOW EXECUTIVE MEMBERSHIP service occurs through the User Id’s defined in the Agreement. An EXECUTIVE MEMBERSHIP service is defined as an Alert of new property postings. An email notification and full information of new property postings will be sent to a Customer established email address(es) seventy two hours (72 hrs) in advance of such email notification to CashFlow Club Members. The total maximum number of CASHFLOW EXECUTIVE MEMBERSHIP service Customers shall not exceed fifty percent (50%) of the total CashFlow Website Customers. CASHFLOW EXECUTIVE MEMBERSHIP service will be given the same Initial or Renewal Term as provided in the CashFlow Agreement and is subject to all the terms and conditions listed herein.

WARRANTY DISCLAIMER. CASHFLOW PROPERTY FINDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CASHFLOW SERVICE OR ANY INFORMATION CUSTOMER OBTAINS THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE INFORMATION IS ACCURATE OR COMPLETE. THE CASHFLOW SERVICE DATABASES AND THE INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, CASHFLOW PROPERTY FINDER DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE DATABASES. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE ARE ASSUMED BY THE CUSTOMER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CASHFLOW PROPERTY FINDER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY. CASHFLOW PROPERTY FINDER WILL NOT BE LIABLE TO CUSTOMERS OR ANYONE CLAIMING UNDER OR THROUGH A CUSTOMER FOR ANY LOSS, INJURY, CLAIM, DAMAGE OR LIABILITY OF ANY KIND RESULTING IN ANY WAY FROM (A) CUSTOMER'S USE OF THE CASHFLOW SERVICE; (B) ERRORS OR OMISSIONS IN THE INFORMATION; (C) FAILURES OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION OR UNAVAILABILITY OF ALL OR ANY PORTION OF THE INFORMATION; (C) CUSTOMER’S CONSULTING, COMMUNICATION, CONTRACTING, OR IN ANY DEALINGS WHAT SO EVER WITH ANY OF THE CASHFLOW POWER TEAM MEMBERS OR ANY PERSON OR BUSINESS LISTED OR ASSOCIATED WITH CASHFLOW OR (D) CONTINGENCIES BEYOND THE CONTROL OF CASHFLOW PROPERTY FINDER. FURTHER, IN NO EVENT SHALL CASHFLOW PROPERTY FINDER BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE UPON SUCH INFORMATION RETRIEVED FROM THE DATABASES OR ANY FUTURE CASHFLOW SERVICE. CASHFLOW PROPERTY FINDER WILL NOT BE LIABLE, NOR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE SHALL BE LIABLE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF CASHFLOW PROPERTY FINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR ALL USE OF THE CASHFLOW SERVICE AND AGREES TO INDEMNIFY AND HOLD CASHFLOW PROPERTY FINDER HARMLESS FROM ANY LIABILITY OR CLAIM OF ANY PERSON ARISING FROM CUSTOMER’S USE OF THE INFORMATION.

Any cause of action concerning the CashFlow service or the information, or this Agreement, must be commenced within six (6) months after such cause of action has occurred.

Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any proposal or prior agreement between the parties with respect to the subject hereof. The Agreement is subject to acceptance by an authorized representative of CashFlow Property Finder. As used in this Agreement, CashFlow Property Finder means the parent company CashFlow Property Finder, the parent company, its subsidiaries and affiliates. Prior to the execution of this Agreement, employees or representatives of CashFlow Property Finder may have made oral statements about the CashFlow service or the information. Such statements do not constitute warranties nor guarantees, shall not be relied on by the Customer, and are not part of this Agreement.

Modification of Agreement. CashFlow Property Finder, upon publication on its web site, or by other written notice, may modify the terms and conditions of this Agreement respecting the CashFlow service, at any time, and all such changes shall be effective immediately when published by CashFlow Property Finder; however, CashFlow Property Finder shall provide notice to Customer in advance of or concurrent with the effective date of such changes. CashFlow Property Finder may adjust the service fee for each Renewal Term. This Agreement is immediately terminable by Customer upon written notice thereof to CashFlow Property Finder if any such change is unacceptable to Customer. Customer's continued use of the CashFlow service following publication of a change shall be conclusively deemed acceptance of such change.

Miscellaneous. The provisions of this Agreement are for the benefit of CashFlow Property Finder and its licensors, employees, and agents, and each shall have the right to assess and enforce such provisions directly on its own behalf. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, applicable to agreements made and performed in Nevada. If any provision of this Agreement shall be determined to be void, invalid, unenforceable or illegal for any reason, the validity and enforceability of all the remaining provisions shall not be affected thereby. The failure of either party to exercise of its rights hereunder for a breach hereof shall not be deemed to be a waiver of such rights nor shall the same be determined to be a waiver of any subsequent breach.