9/27/2023

1. Acceptance of Terms

Welcome to JK Creative Systems. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to comply with and be bound by these Terms of Service ("TOS"). If you do not agree to these terms, please refrain from using our services. Your use of any part of our website or services implies that you have read, understood, and accepted all of our TOS before doing so.

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2. Use of Third Parties

JK Creative Systems values strategic partnerships and may engage with third parties, including reputable hard money and private money lenders, as well as trusted partners, to effectively address our clients' needs. It is important to note that we do not operate as a formal "lending company" and do not possess specialized licenses for lending activities. Instead, we operate within legal parameters by collaborating with licensed lending entities or establishing joint ventures with our clients. This cooperative approach allows us to actively contribute to the successful execution of real estate transactions, ensuring that each endeavor is brought to a satisfactory and secure completion.

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3. Intellectual Property

All material on our website, including but not limited to text, graphics, logos, images, audio clips, and software, is protected by copyright and may not be used or reproduced without our express permission. However, we provide a Wholesaler's Contract for download and dissemination. This contract is expressly allowed for use by wholesalers partnering with JK Creative Systems. We encourage wholesalers to share this contract broadly to facilitate joint ventures and real estate transactions.

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4. Data Collection and Privacy

We collect data from users of our website. Our Privacy Policy outlines how we collect, use, and protect this data. By using our services, you consent to our data collection and usage practices, as described in our Privacy Policy.

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5. Limitation of Liability

JK Creative Systems, its affiliates, partners, and employees shall not be held liable for any direct, indirect, incidental, special, or consequential damages, losses, or liabilities arising from the use of our website or services. This includes, but is not limited to, damages for loss of profits, data, goodwill, or other intangible losses.

All parties engaging with JK Creative Systems, including users of our website and participants in joint ventures, are responsible for conducting their own due diligence in all aspects of any activities connected to our website or third-party partners introduced by us. We strongly recommend seeking professional advice and conducting independent research before entering into any real estate transactions or business arrangements facilitated by our services.

By using our website and services, you acknowledge and agree that JK Creative Systems shall not be held responsible for any financial or legal consequences that may arise from such activities. Our role is to facilitate connections and provide resources, and all users are encouraged to exercise prudence and seek appropriate guidance in their business endeavors.

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6. Dispute Resolution

a. Jurisdiction: Any disputes, controversies, or claims arising from or relating to these Terms of Service ("TOS") or your use of our website and services shall be exclusively governed and resolved in the state of North Carolina. By using our services, you agree to submit to the jurisdiction of the state of North Carolina for any such disputes.

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b. Alternative Dispute Resolution: Disputes shall be sought for resolution through third-party mediators before resorting to legal proceedings. The party bringing the dispute shall be responsible for the costs associated with mediation. In the event of a dispute, the accused party will provide a list of three qualified mediators. The party bringing the claim must select one mediator from the provided list. This approach promotes fairness and efficiency in the resolution process.

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c. Good Faith Negotiations: Both parties agree to engage in good faith negotiations to attempt to resolve any dispute in a manner that is mutually satisfactory prior to seeking other remedies. This may include open and transparent communication, exchange of relevant information, and collaborative problem-solving.

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d. Legal Costs: Each party shall be responsible for their own legal costs and expenses incurred in any dispute resolution process, unless otherwise agreed upon in writing.

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e. Enforcement of Decisions: Any decisions reached through alternative dispute resolution methods shall be legally binding on both parties and enforceable in accordance with applicable laws.

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f. Exclusions: This dispute resolution process does not preclude either party from seeking injunctive or equitable relief in cases where such remedies are necessary to prevent irreparable harm.

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7. Severability

If any part, provision, or portion of these Terms of Service ("TOS") is determined to be unenforceable, invalid, or contrary to applicable law by a court of competent jurisdiction, such determination shall not affect the validity and enforceability of the remaining provisions of the TOS. The unaffected portions of the TOS will continue to remain in full force and effect, and the unenforceable or invalid portion shall be deemed amended and replaced by a valid and enforceable provision that most closely reflects the original intention of the TOS.

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8. Changes to Terms

At JK Creative Systems, we retain the authority to amend or revise these Terms of Service ("TOS") at any time, without prior notice. The date of the last revision to the Terms of Service policy is indicated at the top of the page. We encourage all users to routinely review the TOS to stay informed about any modifications. Your continued use of our services following any changes indicates your acceptance of the updated TOS.

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No Prior Notice of Changes: Please be aware that we do not provide individual notice of TOS changes. It is your responsibility to regularly check the TOS section on our website for any updates or amendments.

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Immediate Effect of Changes: Any alterations or updates to the TOS become effective immediately upon posting on our website. We recommend that you familiarize yourself with the TOS regularly to ensure that you are aware of any modifications that may affect your use of our services.

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Your Continued Acceptance: By continuing to use our services after any changes to the TOS, you acknowledge and accept the revised terms. If you do not agree with the updated TOS, we kindly ask that you discontinue your use of our services.

We value transparency and encourage our users to reach out to us if they have any questions or concerns about the TOS or any other aspect of our services.