TERMS OF SERVICE – EXCEL PRO FORMA DOWNLOAD

Last Updated: 3/11/2025

Version: 1.0

These Terms of Service ("Terms") govern your purchase and use of any Multifamily Pro Forma Excel file (the "Pro Forma") made available by Pro Formance CRE ("Company," "we," or "us"). By purchasing or downloading the Pro Forma, you ("Customer" or "you") agree to these Terms. If you do not agree, do not purchase, download, or use the Pro Forma.

1. LICENSE & PERMITTED USE

1.1 Limited License
Upon purchase, you are granted a non-exclusive, non-transferable, revocable license to use the Pro Forma for your internal business or personal financial modeling purposes.

1.2 User Limit

Each purchase allows use by up to three (3) users within your organization. You may not distribute, share, or provide access to the Pro Forma to individuals or entities outside of your organization.

1.3 No Resale or Redistribution

You may not sell, sublicense, rent, lease, distribute, share, or otherwise make the Pro Forma available to any third party, whether for free or for profit.

1.4 Modification Rights

You may modify the Pro Forma for internal use but may not distribute or sell any derivative works based on it.

2. OWNERSHIP & INTELLECTUAL PROPERTY

2.1 Pro Formance CRE Ownership

The Pro Forma, including its structure, formulas, and proprietary methodologies, is the intellectual property of Pro Formance CRE. All rights not explicitly granted to you in these Terms are reserved by Pro Formance CRE.

2.2 No Transfer of Rights

Purchase of the Pro Forma does not transfer ownership of any copyrights, trademarks, or other intellectual property rights to you.

3. DISCLAIMER & LIMITATION OF LIABILITY

3.1 No Financial or Investment Advice

The Pro Forma is provided for informational and analytical purposes only. It does not constitute financial, investment, tax, or legal advice. You are solely responsible for any financial decisions made based on the Pro Forma.

3.2 No Guarantee of Accuracy or Results

While we strive to provide accurate and functional financial models, we do not guarantee that the Pro Forma will be error-free or suitable for your specific needs. You acknowledge that results generated by the Pro Forma are estimates and not guarantees of future performance.

3.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRO FORMANCE CRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PRO FORMA. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRO FORMA.

4. RESTRICTIONS & PROHIBITED USE

4.1 Unauthorized Distribution

You may not distribute the Pro Forma to individuals or entities that have not purchased a license from us.

4.2 Reverse Engineering

You may not attempt to deconstruct, reverse-engineer, or extract proprietary methodologies used in the Pro Forma for commercial replication or resale.

5. REFUND POLICY

5.1 All Sales Final

Due to the digital nature of the Pro Forma, all sales are final. We do not offer refunds, exchanges, or credits once a purchase is completed.

5.2 Exceptions

Refunds may be issued only in cases where a download link is defective and cannot be accessed. In such cases, you must notify us within three (3) days of purchase at support@proformancecre.com.

6. TERMINATION

6.1 Breach of Terms

If you violate any of these Terms, your license to use the Pro Forma will be terminated immediately, and you must cease all use and delete any copies in your possession.

6.2 Legal Action

Unauthorized distribution, resale, or reproduction of the Pro Forma may result in legal action to enforce our rights and recover damages.

7. GOVERNING LAW & DISPUTE RESOLUTION

7.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

7.2 Jurisdiction

Any disputes shall be resolved exclusively in state or federal courts located in Texas, and you consent to such jurisdiction.

8. MISCELLANEOUS

8.1 Entire Agreement

These Terms constitute the entire agreement between you and Pro Formance CRE regarding the Pro Forma.

8.2 Severability

If any provision of these Terms is found to be invalid, the remaining provisions remain in full force and effect.

8.3 No Waiver

Failure to enforce any right under these Terms does not constitute a waiver of future enforcement.

8.4 Modifications to Terms

We may update these Terms at any time. Your continued use of the Pro Forma after changes are posted constitutes acceptance of the revised Terms.

CONTACT INFORMATION

For questions, support, or disputes, contact us at:Email: support@proformancecre.com

BY PURCHASING OR USING THE PRO FORMA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.