Agreement between User and Systemate LLC (A FollowUp.com company)
Welcome to Systemate. The Systemate website (the “Site”) is comprised of various web pages operated by Systemate LLC (“Systemate”). Systemate is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Systemate constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Systemate is an application for Real Estate Investors.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY, USING THE SOFTWARE PRODUCT, Systemate. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE PRODUCT.
Visiting Systemate or sending emails to Systemate constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for the accuracy of your submitted information, maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Systemate is not responsible for third party access to your account that results from theft or misappropriation of your account. Systemate and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Restrictions on Use
You are not permitted under any circumstances to decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You are not permitted under any circumstances to use the database portion of the Software Product in connection with any software other than the Software Product unless through an approved API connector via Zapier.
You are not permitted under any circumstances to spam your contacts with any marketing action including but not limited to SMS, direct to voicemail, emails, or direct mail.
Spamming can include but is not limited to : continuing to contact someone after they have either replied STOP or asked you to cease communications, contacting someone who has not opted into communications, sending an unreasonable number of communications, sending communications at inappropriate hours, sending messages asking contacts to click on unapproved links or asking them to share private information (bank account information, social security numbers, passwords, etc), etc.
In this case, the user and/or Systemate reserves the right to determine what is unreasonable. Should you be found to spam your contacts or if Systemate receives a complaint made from a contact spammed by the user or their affiliates, we reserve the right to terminate your access to the software without notice and you will not be eligible for a refund of any kind including subscription dues paid or marketing funds added to your account.
Systemate and its affiliates reserve the right to log into your account at any time to do random audits of your compliance with any of the restrictions set above. Should you be found to violate any restriction set forth above, we reserve the right to terminate your access to the software without notice and you will not be eligible for a refund of any kind including subscription dues paid or marketing funds added to your account.
Children Under Thirteen
Systemate does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18 you may use Systemate only with permission of a parent or legal guardian.
You may cancel your subscription at any time. Cancellations apply to future billings. Any past subscription fees cannot be refunded. If you want to cancel before your next billing, we require a 24 business hour notice to ensure our team has time to make the needed changes to prevent your next billing. If your next billing is set to occur on a Saturday, Sunday or Monday, notice of cancellation must be received by noon EST on Friday to ensure cancellation occurs.
During your initial 30-day period, our support staff is available to assist in installation and configuration via email or chat. Please email us at Support@Systemate.com for assistance.
On occasion, we may offer free trials. If you fail to request cancellation of your free trial via email or chat one full business day before your trial is set to end, you risk not being cancelled and your card may be billed. If your trial is set to end on a Saturday, Sunday or Monday, notice of cancellation must be received by noon EST on Friday to ensure cancellation occurs. Should this occur, you are not eligible for a refund. You can cancel future billings, and will be permitted to use the software for the month that is paid for.
Once purchase is made, it's non-refundable and non-transferable; this includes deposits you've made into your Systemate Bank for your marketing and follow up costs.
Adding funds into your Systemate bank account are non-refundable. You may however cancel your monthly subscription at any time provided you notify us in writing at least 30 days prior to your next subscription renewal date.
In rare instances and only within each 30 days of subscription renewal or initial purchase, if due to technical difficulties or platform incompatibilities the software will not function, we may, at our discretion, issue a refund for that 30-day subscription period. In such instances, we require that you provide enough information for us to positively identify your purchase transaction (e.g., order number, your company name, date of transaction, purchase code, number of accounts and tier levels purchased, etc.). If we are able to positively identify your order, and if your request is made within 30 days of subscription renewal, you must submit to us an email or letter of destruction of product before we will consider to grant and process the refund. Systemate is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays. It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
Links to Third Party Sites/Third Party Services
Systemate may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Systemate and Systemate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates made to a Linked Site. Systemate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Systemate of the site or any association with its operators.
Certain services made available via Systemate are delivered by third party sites and organizations. By using any product or service or functionality originating from the Systemate domain, you hereby acknowledge and consent that Systemate may share such information and data with any third party with whom Systemate has a contractual relationship to provide the requested product or service or functionality on behalf of Systemate users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Systemate or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Systemate content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Systemate and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Systemate or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain virus, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such message; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Systemate has no obligation to monitor the Communication Services. However, Systemate reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Systemate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Systemate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Systemate's sole discretion.
Always use caution when giving out any identifying information about yourself or your children in any Communication Service. Systemate does not control or endorse the content, messages or information found in any Communication Service and, therefore, Systemate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Systemate spokesperson, and their views do not necessarily reflect those of Systemate.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Systemate or Posted on Any Systemate's Web Page
Systemate does not claim ownership of the materials you provide to Systemate (including feedback and suggestions) or post, upload, input or submit to any Systemate Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Systemate, our affiliated companies and necessary sub-licenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein, Systemate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Systemate’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Service is controlled, operated and administered by Systemate from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Systemate Content accessed through Systemate in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Systemate, its affiliates, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of of any terms of this Agreement or your violation of any rights of third party, or your violation of any applicable laws, rules or regulations. Systemate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Systemate in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or in concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Systemate agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SYSTEMATE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SYSTEMATE LLC AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SYSTEMATE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Systemate reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or other agency relationship exists between you and Systemate as a result of this agreement or use of the Site. Systemate’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Systemate’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Systemate with respect to such use. If any part of this agreement is determined to be invalid or enforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision of that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Systemate with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic oral or written, between the user and Systemate with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Systemate reserves the right, in its sole discretion, to change the Terms under which Systemate is offered. The most current version of the Terms will supersede all previous versions. Systemate encourages you to periodically review the Terms to stay informed of our updates.
Systemate welcomes your questions or comments regarding the Terms:
PO Box 340668
Beavercreek, Ohio 45434
Effective as of March 22, 2021