Terms Of Use

  1. Applicability of these Terms and Conditions

    Welcome and thank you for using GC Home Search owned and operated by GainClients, Inc. (“GainClients”.) By using the GC Home Search website and mobile website including all properties, related data, and/or related services (collectively, "Services"), you agree to the following terms of use, as updated from time to time ("Terms of Use"). The Terms of Use are applicable to all GainClients web and mobile Services purchased or licensed under any "Service Agreement" executed with GainClients that incorporate these Terms of Use by reference. These Terms of Use are equally applicable and enforceable as if fully stated with any Service Agreement in the same document. Service Agreements provide professional users and/or organizational users, ("Customer") with the right to use the Service and/or obtain Services and is expressly conditioned and subject to Customer's acceptance of these Terms of Use. Customer may execute multiple Service Agreements with GainClients and each such Service Agreement shall also become part of the Agreement which incorporates these Terms of Use.

  2. Users

    The Service is available to real estate professionals including real estate agents/brokerages, lenders and escrow and title individuals and organizations ("Customers") and to consumer users ("Users"). Customer users pay a premium for the full-feature, professional version and the Service is free for Consumer users and requires no Agreement.

    The Service provides Customers with relationship building marketing tools and a home search and other related data for consumer Users via web and mobile devices in a Customers’ market. Requests made by Users of the Services will go directly to Customer and Customer's brand may be featured in the Services, which would also include display of the "Powered by GainClients, Inc.” and/or “Powered by SikkU" taglines in accordance with GainClients, Inc.'s branding standards. Customers and Users are also required to accept GainClients, Inc.'s Terms of Use, Mobile Terms of Use and Privacy Policy located at the GainClients, Inc. website.

  3. Fees and Term

    The "Fees" for use of the Service are set forth in the Agreement and are payable as provided in the Agreement. The "Term" of the Agreement shall commence on the date of the completed Agreement and shall continue for one year and thereafter shall automatically renew for successive one-year periods, except for those Customers who purchase an individual account, which is a month-to-month Term beginning on initial registration. Either party may terminate the Agreement by providing 30-days advance written notice to the other party. Customer agrees to pay all charges due through the end of the 30 day cancellation notice period. Set-up, implementation and other development fees in all instances are not refundable. Notwithstanding the foregoing notice period, GainClients, Inc. may terminate an Agreement and disable use of the Service if the Customer breaches any term of the Agreement and fails to cure such breach within 10 business days after notice from GainClients, Inc.

    There are no fees or Agreements for consumer Users.

  4. Payment Terms

    Customer shall make all payments due under this Agreement in advance of services being provided. Individual Customers shall pay with a valid credit card that will be automatically billed each month. Customer shall promptly notify GainClients, Inc. should the credit card become invalid. Organizational Customers can also pay with a credit card or will be invoiced monthly and payments shall be due within 20-days of receipt of each Invoice. GainClients, Inc. may charge interest on all unpaid amounts due at a rate equal to 1.5% per month or the highest rate permitted by applicable law, whichever is lower.

  5. Advertising and Marketing

    GainClients, Inc. may, in its sole discretion, place advertisements in the Service and Customer shall not be entitled to any compensation or revenue sharing from any such advertising except and to the extent expressly set forth in an Agreement. Customer shall market the Service in Customer's trade area to make consumer Users aware of the Service, that it is available for download on the Customer's website and where appropriate in the Customer's media advertising.

  6. Use of Marks

    GainClients, Inc. hereby grants to Customer a limited license to the trademarks owned by GainClients, Inc. ("GainClients, Inc. Marks") solely to identify Customer as having a business relationship with GainClients, Inc. Customer shall use its reasonable commercial efforts to comply in all material respects with the marketing guidelines GainClients, Inc. publishes from time-to-time. Customer hereby grants to GainClients, Inc. a limited license to use the trademarks owned by Customer (the "Customer Marks") solely to provide the Service and to identify GainClients, Inc. as having a business relationship with Customer. Should either party notify the other in writing that their use of such party's Marks does not conform to their trademark usage guidelines, such party shall immediately cease such nonconforming use and shall bring such use into conformance with said trademark usage guidelines and provide specimens of such conforming use within 20 days of receipt of notice of non-compliance. Each party understands and agrees that its use of the other party's Marks as authorized hereunder does not create any right, title or interest in or to such Marks and that all such use and any goodwill associated with such Marks will inure solely to the benefit of the other party.

  7. Ownership

    As between GainClients, Inc. and Customer and any User, the Service and all related software, and all patent rights (including patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights therein or relating thereto (including derivative works), are and shall remain the exclusive property of GainClients, Inc. or its licensors. The performance of Services shall not alter the provisions of the forgoing sentence, and no such Services shall be performed on a "work-made-for-hire" or similar basis that would provide ownership to Customer.

  8. Hosting & Maintenance

    GainClients, Inc. outsources the data and software for the Service and may not be directly responsible for any outages or service interruptions that occur from time-to-time when using the Services, including those due to software, hardware or power failures, or issues at the wireless carrier level. In addition, GainClients, Inc. is not responsible for the products and services provided by others, including any User's mobile handsets or wireless data networks. GainClients, Inc., in its sole discretion, reserves the right to add or remove operating systems based on commercial factors it deems relevant such as use, adoption and appeal of the operating system.

  9. Adherence to Real Estate Laws

    Each party will be responsible for ensuring their conformance to the appropriate lending, title, MLS, state, local or Federal laws relating to the sale of real estate, mortgage loans and title and escrow and will alert the other to any business practice that must be implemented to meet any law or regulation.

  10. Mutual Representations

    Each of GainClients, Inc. and Customer hereby represents and warrants to the other that (i) it has the requisite right, power, and authority to enter into this Agreement and to perform its obligations hereunder, (ii) it knows of no law or regulation that would prohibit it from entering into and performing this Agreement, or that would conflict with this Agreement, and (iii) this Agreement has been executed by its duly authorized representative.

  11. Disclaimer of Warranties

    THE SERVICE IS PROVIDED TO CUSTOMER AND ALL OTHERS ON AN "AS IS," "WITH ALL FAULTS" BASIS. NO PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GAINCLIENTS, INC. SERVICE OR ANY OTHER MATTER COVERED BY THIS AGREEMENT. ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ACCURACY, FREEDOM FROM INTERFERENCE WITH ENJOYMENT, OR FITNESS OF RESULTING WORK PRODUCT, ARE HEREBY DISCLAIMED.

  12. Limitation of Liability

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR LOSS OF GOODWILL) SUFFERED OR INCURRED IN CONNECTION WITH THE EXERCISE OF ANY RIGHTS OR LICENSES GRANTED HEREUNDER, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS IMPOSED HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  13. Confidentiality

    GainClients, Inc. and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of GainClients, or divulge, disclose, or communicate in any manner, any information that is proprietary to each Real Estate Professional Customer including Product pricing and Real Estate Professional Customer identifying formation. GainClients and its employees, agents, and representatives will protect such information and treat it as strictly confidential. Proprietary Information shall not be (1) used for any purpose other than as contemplated in this Agreement; (2) disclosed in any manner to any third parties such as telemarketers, or (3) shared or given to any other GainClients, Inc.'s real estate professional or consumer Real Estate Professional Customers, affiliates, non-affiliates, employees or parties who are not directly associated to an account and to provide the essential and enhanced elements of this service without the prior written consent of the party disclosing the Confidential Information.

  14. Governing Law and Venue

    This Agreement shall be governed by, and construed in accordance with the laws of the State of Arizona, without regard to any conflict of law principles. The state courts located in Pima County, Arizona and federal courts located in Tucson, Arizona shall have exclusive jurisdiction to adjudicate any dispute arising out of our relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts and waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

  15. Force Majeure

    Except for payments due under this Agreement, neither party shall be responsible for any failure to perform its obligations hereunder to the extent such failure is due to causes beyond its reasonable control (each a "Force Majeure"), including, without limitation, acts of God, terrorism, war, riot, embargoes, acts of civil or military authorities, denial of or delays in processing of export license applications, fire, floods, earthquakes, accidents, strikes, or fuel crises, provided that such party gives prompt written notice thereof to the other party. The time for performance shall be extended for a period equal to the duration of the Force Majeure.

  16. Severability, Enforcement

    If any provision of this Agreement is held by a tribunal of competent jurisdiction to be illegal, invalid, or otherwise unenforceable in any jurisdiction, then to the fullest extent permitted by law (i) the same shall not affect the other provisions of this Agreement, (ii) such provision shall be deemed modified to the extent necessary in the tribunal's opinion to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest extent the intent of the parties as set forth herein, and (iii) such finding of invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of such provision in any other jurisdiction. Notwithstanding the foregoing, the disclaimers of warranties and the limitations of liability in Sections 9 and 10 are considered by the parties to be integral to this Agreement and shall not be modified or severed from this Agreement.

  17. Notice

    Except as otherwise expressly provided herein, any notice, request, consent, demand or other communication required or permitted to be given by this Agreement must be in writing and must be personally served, commercial courier service or prepaid registered or certified mail to the address of the party set forth in the Agreement, and with respect to GainClients, Inc., specifically addressed to Legal Department:

    GainClients, Inc.
    Attn: Patty Freeman
    6245 E. Broadway Blvd., Suite 400
    Tucson, AZ 85711
    info@sikku.com
    520-327-2366

  18. Other Terms

    This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other prior or contemporaneous communications between the parties. Except as expressly set forth herein, this Agreement may not be amended, modified, or supplemented except under the execution and delivery of a written agreement executed by the parties hereto. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.

    This Agreement may not be assigned by Customer without the prior written consent of GainClients, Inc. and any such purported assignment shall be null and void; provided, however, that Customer may assign this Agreement to an affiliate or in connection with a consolidation, merger, or sale of substantially all of its assets to which this Agreement relates, without the consent of GainClients, Inc..

    This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns. Each party is an independent contractor. Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between GainClients, Inc. and Customer. Neither party shall disclose any of the terms, conditions, or provisions of this Agreement without the prior written consent of the other party.

    The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Mobile Terms Of Use

Following are the mobile terms of use ("Terms") for the Services owned and/or operated by GainClients, Inc., ("GainClients, Inc."). It is important that Customers and Users read and accept these Terms prior to accessing, downloading or otherwise using the Service and the related software, data or technology used, stored, licensed or accessed with the Service and the related intellectual property embodied therein. Your use of the Service indicates that you accept these Terms.

  1. General

    The Services are owned and/or operated by GainClients, Inc. and are intended for professional use by Real Estate Professional Customers and personal use by consumer Users.

  2. Modification

    GainClients, Inc. may revise these Terms at any time, with or without notice to you. You should visit this page from time to time to review the then current Terms for an Application.

  3. Text Terms

    Following are the terms relating to the Home Scoop text and other mobile services that are operated by GainClients. It is important that USERS read and accept these Terms prior to accessing, downloading or otherwise using the Service and the related software, data or technology used, stored, licensed or accessed with the Service and the related intellectual property embodied therein. Use of the Service indicates that USERS accept these Terms.

    1. General

      The Home Scoop text and other mobile services are owned and/or operated by GainClients and intended for the personal use of consumer USERS.

    2. Modification

      GainClients may revise these Terms at any time, with or without notice to USERS. Visit this page from time to time to review the then current Terms of Use.

    3. Real Estate Data

      USERS agree that when applicable, (1) access to the Services is subject to all data providers and State and Federal regulations governing real estate transactions; (2) USERS have a bona fide interest in the purchase, sale, or lease of real estate of the type being accessed through the Service; (3) USERS will not copy, redistribute or retransmit any of the data or information provided by GainClients; and (4) USERS acknowledge the ownership of and the validity of the copyright content and data.

    4. TEXT Messaging Description

      The text messaging service provides USERS with listing information on residential homes for sale via the use of a text code that is easy to remember and use. The text code for this service is 5203229000. USERS can communicate with the text system two ways:

      1. 1. While standing in front of a home for sale, text the word NEARBY to the number 5203229000. The text system will return a text message containing a link with home information including photos of the homes closest to the USERS’ physical location.

      2. 2. Text a real estate professional’s personal invitation code, i.e., JIM or ATEAM, etc. to 5203229000 to receive an invitation link to the professional’s mobile website where USERS can also search for homes and obtain other real estate information.

      3. 3. USERS can also text HELP to view the Terms of Use and Privacy Policies and text STOP to cancel service.

    5. Subscribing and Unsubscribing

      Requesting listing information from the Home Scoop text system is equivalent to an opt-in to the program. To be removed from receiving texts, send STOP to the text code 5203229000.

    6. Contact Us

      GainClients, Inc.
      6245 E. Broadway Blvd., Suite 400
      Tucson, AZ 85711
      https://gcard.sikku.com

      Call Customer Support: 1-877-367-4558

      Email Customer Support support@sikku.com

      Users agree that when applicable, (1) access to the Service is subject to all Multiple Listing Service ("MLS") and State and Federal regulations governing real estate transactions; (2) you have a bona fide interest in the purchase, sale, or lease of real estate of the type being accessed through the Service; (3) you will not copy, redistribute or retransmit any of the data or information provided by GainClients, Inc.; and (4) you acknowledges the MLS's ownership of and the validity of the copyright in the MLS database.

  4. Disclaimer

    Information available through the Service is deemed to be reliable but not guaranteed. All real estate listings are marked with the logo of the MLS providing the listing and detailed information about each listing includes the listing broker/agent name as required by the local MLS. The listing broker has attempted to offer accurate data, but Users are advised to confirm all items. Some properties which appear for sale within the Service may no longer be available because they are under contract, have sold or are no longer being offered for sale. The listings of some real estate firms do not appear within the Service. Some properties listed with firms contributing listings to the Service do not appear at the request of the seller.

  5. Getting More Information

    GainClients, Inc. records the activity performed by consumers while using the Service. Whenever a "call-to-action" is selected by a consumer, he/she is providing GainClients, Inc. with the express permission to share the related information with the associated real estate professionals.

  6. Copyright and Trademark Notices

    All contents of the Service are copyright protected by GainClients, Inc. All rights reserved. "SikkU" is also a registered Trademark/Tradename of GainClients, Inc. Other product and company names mentioned herein, including the names of real estate professionals, may be the trademark of their respective owners.