Calonex Terms of Use _v1.0

This Agreement between Calonex and you is meant to govern your use of the Site and your access to and purchase of any services through the Site, (if you are participating as a Tenant, including without limitation your payment of rent, additional rent and any other charges you authorize hereunder). This Terms of Use Agreement ("Agreement") contains the terms and conditions upon which you may access Calonex or any services or the Site. You agree to be legally bound by these terms.

Participation:

Calonex will verify your billing information before processing your order. An authorization will be requested from your billing account to make sure it is valid and in good standing. Any charges to your account (plus sales tax, if applicable) will be charged debit card or bank account you designated as your preference or, if you have not designated a preference, the account that was most recently used on the Site and your subscription will continue automatically, billable at the prevailing rate. To cancel your Participation, please contact our Customer Service Team. For contact information and hours of service go to https://www.Calonex.com.

When you become a Participant, you understand that at the end of your initial Participation term (and any subsequent Participation terms) your Participation automatically renews itself indefinitely without action by the Participant 1) on the anniversary day of your initial purchase and 2) for the term of your initial purchase. All authorized charges, (if you are participating as a Tenant including without limitation rent, additional rent, and fees and expenses) will be billed to the debit or bank account that you designated as your preference, or if you have not designated a preference, to the account most recently used on the Site. Should the billing fail to authorize, you will be notified via email immediately. The benefits of your Participation will be suspended until payment is received provided payment is received within 25 days. If payment is not received within 25 days your Participation, (and if you are a Landlord Participant any reports you may have received will be purged from your account), will be canceled without prejudice to our rights to collect current and past due charges on your account. Any Participant whose fees are paid current is entitled to all privileges included in the Participation until the Participation is canceled by the Participant or otherwise terminated as described in this document. Upon cancellation, the Participant loses access to the areas of the Site designated for Participants only and loses access to the Participant's data and other benefits. This could include any rent payment historical data and analyses that have been displayed during the Participation. A Participant may cancel at any time. Should you decide to cancel your subscription a Customer Service representative can arrange for all future renewal fees (beyond the term of your agreement) to be canceled. However, please note that neither full nor pro-rated refunds will be given for the current contract period.

General Terms:

Calonex maintains the Site to provide you with information about our Participation and services and to facilitate communication with us and our affiliates. From time to time we may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated. Additional terms and conditions may apply to specifics of our Participations and services or to participate in our affiliate program, contests or surveys. The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on the Site, including but not limited to Calonex.comSM and MyCRH.comSM are the property of Calonex or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, Calonex owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of Calonex or the owner of the Content.

Real Estate Investment Business -

We may use information you provide only in connection with our provision of real estate Investment services.

Disclaimer of Warranties and Liabilities: OUR SITE, INCLUDING ALL CONTENT, PARTICIPATIONS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER CALONEX NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, PARTICIPATIONS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE, PARTICIPATIONS OR SERVICES OR THAT OUR SITE, PARTICIPATIONS OR SERVICES WILL BE ERROR-FREE. YOU UNDERSTAND AND AGREE THAT MANY FACTORS OUTSIDE OF CALONEX’S AND ITS AFFILIATES CONTROL MAY AFFECT CALONEX’S AND ITS AFFILIATES ABILITY TO PROVIDE ACCESS TO AND USE OF OUR SITE, PARTICIPATIONS, SERVICES AND CONTENT UNDER THIS AGREEMENT OR YOUR ABILITY TO ACCESS TAND USE THE SITE, PARTICIPATIONS, SERVICES AND CONTENT UNDER THIS AGREEMENT AND YOU HEREBY AGREE TO HOLD CALONEX AND ITS AFFILIATES HARMLESS FROM ANY SUCH FACTORS. IN ADDITION, CALONEX AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, PARTICIPATIONS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER CALONEX NOR ITS AFFILIATES HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, PARTICIPATIONS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CALONEX AND ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, OR LIABILITY OR ALLEGED CLAIMS LOSS OR LIABILITY THAT YOU MAY SUFFER OR INCUR BY REASON CALONEX’S OR ITS AFFILIATES PERFROMANCE OR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. IN THE EVENT OF A BREACH BY CALONEX, YOUR EXCLUSIVE REMEDY SHALL BE THE TERMINATION OF THIS AGREEMENT, AS MAY BE PROVIDED HEREIN.

Calonex is not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a debit card. Refunds will not be issued if we have successfully located and delivered your order to you.

Registration and Accurate Information:

If you decide to register on our Site, become a Participant of one of our Participation programs, purchase our services or participate in our affiliate program, contests or surveys, you may be required to register, provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify Calonex promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your Calonex account and your right to use the Site. Online access to rent payment report information is subject to verification of the identity of the user.

Our Privacy Policy:

By using our Site, becoming a Participant of one of our Participation programs, or purchasing any of our services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. In the event you indicate that you want to receive offers from Calonex, your information may be used to serve relevant ads to you when you visit the site. Our privacy statement can be reached from the link at the top of this page.

Protection of Your Information

We use security technologies to safeguard rent payment history information and any information you provide us.

Fair Credit Reporting Act: CALONEX IS NOT A CREDIT REPORTING AGENCY AND THE SITE DOES NOT REPORT OR CONTAIN INFORMATION REGARDING CONSUMER CREDIT, BUT RATHER GATHERS RENT PAYMENT HISTORY AMONG OTHER DATA, USEFUL TO BOTH LANDLORDS AND TENANTS, IN MAKING DECISIONS ABOUT RENTAL AND OTHER REAL ESTATE OPPORTUNITIES.

The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws. Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. You are entitled to receive a free copy of your credit report from a credit reporting agency if: (a) You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency. (b) You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency. (c) You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification. (d) You certify in writing that you are a recipient of public welfare assistance. (e) You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report. The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ANY PARTY IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY. It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file.

Calonex services shall not be used in a manner that defrauds or otherwise abuses the reporting of rental payments, credit reporting or credit scoring systems. Calonex has the right to suspend or terminate your use of any service or access to our sites if we determine, in our sole discretion, that your use of our services has abused the rental payment, credit reporting or credit scoring systems. Further, you agree that Calonex will not be liable to you or any third party if Calonex suspends or terminates your access for any reason.

Calonex may (i) change the terms of this Agreement or the feature of the Participation services, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting written notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such written notice. If you use the Site and/or your Participation after Calonex has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted written notices of modification.

Notices:

You should send any notices or other communications regarding our Site or services to Calonex, at support@Calonex.com. Calonex is a trade name of Calonex, LLC, Inc., a New York Limited Liability Company. Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to the address you have provided above or any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the 'Your Account' section from the main menu.

Applicable Law:

The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of New York, USA, and applicable federal law, without regard to any conflict of law provisions. In the event that the parties to this Agreement are unable to reach a settlement of any dispute arising out of this Agreement or related to the services under this agreement, pursuant to this Participation or otherwise, after negotiating in good faith for two (2) weeks, then such disputes may, with the consent of both parties, be settled by binding arbitration in accordance with the rules of the American Arbitration Association current as of the effective date of this Agreement by one arbitrator chosen in accordance with such rules. Any such arbitration shall be held in Nassau County, New York in the English language. The arbitrator shall not be permitted to award any damages prohibited, waived, or disclaimed by this Agreement.

You agree that any and all dispute arising out of this Agreement or related to the services under this agreement, pursuant to this Participation or otherwise, if submitted to a court of law shall be submitted to the state and federal courts of Nassau County, New York, USA.

Calonex can provide rent payment reports only for individuals who have established rent payment history in the United States. Those who choose to access this Site, or become a Participant in one of our Participation programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Policy Regarding Children: We define children as individuals under the age of 16. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any services through this website or to join Calonex as a Participant entitled to Participation benefits.

Terms Applicable only to Tenant Participants

Participation Benefits: Rent Payment History reports, Calonex scores and rent payment analysis will be available for a period of up to 45 days, otherwise, services will be provided for the period stated in the service description. Participants are entitled to access and post without additional charge vacancy listings as further described in the service description.

In order for your rent to be applied to your lease in a timely fashion, you agree to pay to Calonex your rent later than four (4) calendar days before the due date. The term “rent” shall include: basic rent, base rent, additional rent, prorata charges, common charges, and any and all other charges related to arising out of or in connection to your tenancy. You understand and agree that your preferred payment method will be charged a processing fee of one percent (1%) of your rent payment, subject to the following minimums: Residential Tenant Minimum fee = $15.00; Commercial Tenant Minimum Fee = $35.00 per payment. In addition to Calonex’s charge of $45.00 for each bounced check, overdraft, or notice from your bank that funds are unavailable, you are responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a debit card.

Term and Termination; Modification: This Agreement will take effect at the time it is executed by both parties for the initial lease term, but may be terminated by either party (a) when either party gives notice of its intention to terminate to the other party hereto, to Calonex via the web site link for cancellations, (b) upon termination of your Participation, (c) upon termination or expiration of your lease or (d) if Calonex discontinues providing any Participation, subject to your right to receive Participation benefits that you have paid for or to obtain a refund of a portion of your payment. Each time you access the Site, request any services or Participation benefits, or make a payment under this Agreement you will have been deemed to have accepted the services that you have received to date.

BY AND BETWEEN YOU AND CALONEX AMONG OTHER DATA, USEFUL TO BOTH LANDLORDS AND TENANTS, IN MAKING DECISIONS ABOUT RENTAL AND OTHER REAL ESTATE OPPORTUNITIES. YOU DO HEREBY EXPRESSLY AUTHORIZE CALONEX TO DISTRIBUTE THIS INFORMATION TO LANDLORDS, BANKS, AND OTHER INTERESTED PARTIES FOR ANY LAWFUL PURPOSES, INCLUDING WITHOUT LIMITATION, EXAMINING YOUR RENTAL PPAYMENT HISTORY WITH CALONEX. IN ADDITION TO AND NOT IN LIEU OF THE FOREGOING, YOU HEREBY EXPRESSLY REQUEST AND AUTHORIZE CALONEX AND ON YOUR BEHALF AND IN YOUR STEAD TO UPLOAD ANY AND ALL RENTAL PAYMENT HISTORY FROM YARDi AND AGREE THAT ALL SUCH INFORMATION SHALL BE DEEMED PROVIDED BY YOU TO CALONEX IN FURTHERANCE OF THE PURPOSES OF THIS SET AGREEMENT AS FORTH HEREIN.

Terms Applicable only to Landlord Participants

Participation Benefits: Rent Payment History reports, Calonex scores and rent payment analysis will be available for a period of up to 45 days, otherwise, services will be provided for the period stated in the service description. With respect to services that include access to new rent payment reports at your discretion, each day, there is a limit of two (2) new rent payment reports per unit contracted for; additional reports requested will be provided at the then current non-membership rate for such service (which at the time of this contract is $17.00 each). If Calonex is unable to confirm enrollment for any reason, notification will be made by Calonex to the email address we have on record for you at the time of the notice. In addition, Members are entitled to access and post without additional charge vacancy listings as further described in the service description.

Term and Termination; Modification: This Agreement will take effect at the time it is executed by both parties and shall terminate (a) when either party gives notice of its intention to terminate to the other party hereto, to Calonex via the web site link for cancellations, (b) upon termination of your Participation, (c) if Calonex discontinues providing any Participation, subject to your right to receive Participation benefits that you have paid for or to obtain a refund of a portion of your payment. Each time you access the Site, request any services or Participation benefits, or make a payment under this Agreement you will have been deemed to have accepted the services that you have received to date.

Participation benefits include without limitation, online rent payment history reports and daily monitoring alerts.

Mortgage estimator: In the event you purchase or use the Mortgage Estimator service, you acknowledge that the rates displayed are displayed for informational purposes and there is no assurance that any specific lender will make a loan available to you at the suggested rate. Lenders will make individual decisions on your eligibility for any loan or interest rate based upon totality of your specific circumstances. Each lender may evaluate your circumstances differently.

Terms Applicable only to Financing institutions that choose not to be Participants

Benefits: Rent Payment History reports, Calonex scores and rent payment analysis will be available for a period of up to 45 days, otherwise, services will be provided for the period stated in the service description. New rent payment reports will be provided at the then current non-participant rate for such service (which at the time of this contract is $17.00 each). If Calonex is unable to confirm enrollment for any reason, notification will be made by Calonex to the email address we have on record for you at the time of the notice. In addition, Participant are entitled to access and post without additional charge vacancy listings as further described in the service description.

Miscellaneous: This Agreement (including those terms set forth above applicable to you depending on your status as a Landlord Participant a Tenant Participant, or a Financing Institution Non-Participant as checked below) constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void. If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved. You represent that you have read this Agreement and Calonex's Privacy Statement, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing your access to and use of the Site and your Participation, Calonex has relied on your agreement to be bound by the terms of this Agreement.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Email: info@calonex.com