Terms of Use

Last updated July 26, 2017

STRATAFOLIO, Inc. (“STRATAFOLIO) is a web-based environment that hosts a product called STRATAFOLIO, that allows individuals to coordinate with providers and third parties, share information, and collaborate in searching for information regarding real estate investing.

Please carefully review these terms of use and conditions (collectively, “Terms of Use”). These Terms of Use are between you and the owner(s) of STRATAFOLIO (“STRATAFOLIO”, “we”, “us,” or our”). These Terms of Use along with our Privacy Policy at www.stratafolio.com, the terms of which are incorporated into these Terms of Use, govern your use of the Stratafolio website at https://stratafolio.com (the “Site”), including your use of the content found on the Site or publishing your own content on the Site.

Your continued use of the Site constitutes acceptance of these Terms of Use, which are subject to change from time to time, and without notice. You should periodically review these Terms of Use for any changes. Unless stated otherwise, any changes to these Terms of Use will take effect on the date they are posted.

  1. The Site

The text, images, graphics, data, links, software, audio, video or other materials (“Content”) found on the Site is provided to you by us. The Content found on the Site is owned by us or subject to a license granted to STRATAFOLIO, and therefore, the Content cannot be republished by you or any other third-party without the prior written consent from STRATAFOLIO.

All trademarks, trade names, tag lines remain the sole and exclusive property of STRATAFOLIO or their respective owners. By using the Site, you expressly relieve us from any and all liability arising from your use of the Site.

We may monitor your use of this Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose and/or pursuant to our Privacy Policy.

We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or Content. STRATAFOLIO may also impose limits on certain features and services or restrict your access to parts or all the Site without notice or liability.

The Site may contain links to third-party websites that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using this Site, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site to read the terms and conditions and privacy policies of every website that you visit.

  1. Posting Content on the Site.

You hereby grant us a worldwide, royalty-free non-exclusive, perpetual license to any Content provided to STRATAFOLIO by you. STRATAFOLIO shall have the sole discretion whether to post any Content on the Site.

When you provide Content to the Site, you are granting us, or warranting to us that the owner of such Content has expressly granted us, a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works therefrom, transmit, distribute, perform, display and delete such Content (in whole or in part) worldwide and to incorporate such Content in other works in any form, media or technology now known or hereafter developed. Among other things, this grant allows us the ability to display commercial advertising on the Site in connection with the Content.

By providing Content for the Site you agree that the material you are providing: (i) does not violate any applicable law, statute, ordinance, or regulation; (ii) does not violate the contractual or fiduciary rights of any third party; (iii) does not infringe any third party’s intellectual property rights, rights of publicity or privacy; (iv) is not false or misleading or fraudulent; (v) does not misrepresent your affiliation with any person or entity; (vi) is not defaming; and (vii) is not pornographic, indecent, lewd, or suggestive.

You may be asked how the Site can be improved. Any suggestions, comments, or ideas submitted to STRATAFOLIO and/or a third party service provider related to improvements to the Site or the services offered by STRATAFOLIO by you shall become the property of STRATAFOLIO. You shall not receive or be entitled to any form of compensation by STRATAFOLIO or any third party service provider for any said suggestions, comments, or ideas.

  1. Digital Millennium Copyright Act

 STRATAFOLIO respects the intellectual property rights of others and expects users to do the same. Pursuant to 17 U.S.C 512(c)(3) (Digital Millennium Copyright Act of 1998), STRATAFOLIO’s designated agent to receive notice of alleged copyright infringement is:

 STRATAFOLIO, Inc.

415 12th Ave SE

Cedar Rapids, IA 52401

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/pl105-304.pdf (visited September 16, 2011). STRATAFOLIO will act pursuant to the Act to resolve claims of infringement. Those accused of copyright infringement are informed that repeated violation could result in permanent suspension from the Site.

  1. SERVICES

You may voluntarily access algorithms that compare information provided by you to information compiled by STRATAFOLIO. The algorithms include use of publicly available information and User data. STRATAFOLIO makes no warranties whatsoever about the information contained within the algorithms and Site nor its applicability or accuracy in regard to your individual circumstances.

Information and interactive functions within the STRATAFOLIO website are made available to you as self-help tools for your independent use and are not intended to provide investment advice. STRATAFOLIO does not recommend that you rely upon on the information provided through the website or algorithms to make a decision about any offer made by a provider or third party through the website. Use of the algorithms or website does not guarantee approval or qualification for any transaction.

By clicking on any button or icon indicating an acceptance or agreement to terms, a continuance of procession or submission, you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission.

The delivery of and the payment for products and services, and any other terms, conditions, warranties or representations associated with third party products and services are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such offers, products, services or promotions. A provider or third party is solely responsible for its offers and services to you, and you agree that STRATAFOLIO shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of third party services.

 STRATAFOLIO is not a broker of real estate or financial services and STRATAFOLIO does not (i) directly or indirectly make or procure, attempt to make or procure, or offer to make or procure a loan of money or extension of credit; (ii) assist or advise users in obtaining or attempting to obtain a loan of money or line of credit; or (iii) solicit for loans.

 STRATAFOLIO does not sponsor, endorse, recommend or approve of any real estate agent, broker, mortgage broker or any other service provider. STRATAFOLIO does not make any representation that any real estate agent, broker, or other service provider is licensed, qualified, or capable of performing any service.

  1. Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL CONTENT THEREON ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. STRATAFOLIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCTS OR SERVICES PROVIDED, FOUND OR ADVERTISED BY STRATAFOLIO OR  STRATAFOLIO’S ADVERTISERS. STRATAFOLIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR CONTENT OR THE CONTENT OF ANY WEBSITES LINKED FROM OR TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, INTERRUPTIONS OR INACCURACIES OF THE SITE OR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR SITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. STRATAFOLIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STRATAFOLIO SITE OR ANY HYPERLINKED SITE OR ANY SITE FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE.

  1. Limitation of Liability

IN NO EVENT SHALL STRATAFOLIO, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF STRATAFOLIO’S SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRATAFOLIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Indemnification

You agree to defend, indemnify and hold harmless STRATAFOLIO, its directors, officers, members, employees and agents from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees) that arise or result from (i) your use of and access to the Site; (ii) your violation of these Terms of Use, including, but not limited to, any obligation, representation, or warranty made herein; (iii) your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right; and (iv) your negligence or breach of any agreement with users of the Site. This defense and indemnification obligation will survive termination of these Terms of Use and your use of the Site.

  1. Notice

 STRATAFOLIO will give you any necessary notices by posting them on the Site. You authorize STRATAFOLIO to send notices via electronic mail as well if it decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site.

  1. Disputes and Legal Proceedings

The Services are governed by the laws of the State of Iowa, without regard to its conflict of laws provisions. Any dispute, controversy or claim arising out of or relating to these Terms of Use or the breach, termination or validity thereof shall be finally settled at STRATAFOLIO’s discretion (i) in the Iowa District Court for Linn County, or the United States District Court for the Northern District of Iowa; or (ii) in binding arbitration in the city of Cedar Rapids, Iowa by a panel of three arbitrators chosen, and an arbitration proceeding conducted in accordance with the rules then applying of the American Arbitration Association. The prevailing party in any such action or arbitration shall be entitled to an award of its reasonable attorney’s fees and other costs incurred with respect to such arbitration. The parties further agree that judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST STRATAFOLIO ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision.

You agree that money damages would not be a sufficient remedy for breach of this provision, and STRATAFOLIO shall be entitled to specific performance for any such breach in addition to any other remedies available to it at law or in equity. No waiver of any term in these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

  1. Cancellation & Refunds

You can cancel your Subscription at any time. Please note, however, that you must cancel your Subscription before it renews for the next month in order to avoid being charged for the following month’s Subscription Fee.

PLEASE NOTE – REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT OR REFUNDS. If you should cancel prior to the end of the month, you shall have access to your Subscription until the end of that month’s billing cycle.

  1. Miscellaneous

These Terms of Use, including the Privacy Policy, comprises the entire agreement between you and STRATAFOLIO with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein.

This Site is intended for persons at least 13 years old. In accordance with the Federal Children’s Online Privacy Protection Act (COPPA), STRATAFOLIO will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.