Rental Property Refund Terms of Service

Last Updated: October 1, 2024

Welcome to Rental Property Refund! Rental Property Refund is a service offered by SegStream, LLC. By using our service, you agree to the following Terms of Service (“Terms”). Please read them carefully.

1. Acceptance of Terms

By accessing or using Rental Property Refund (“Service”), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service. Checking the agreement box constitutes acceptance of these Terms.

2. Service Overview

Rental Property Refund, operated by SegStream, LLC, provides a residential cost segregation study based on the information you provide. The study generated is solely for the property you enter and will be delivered via email.

3. Licensing and Ownership

Users do not receive a license to use any software or process behind the Service. Instead, users own the resulting cost segregation study generated by the Service. However, you agree not to:

• Use automated bots or engage in data scraping.
• Reverse-engineer, copy, or replicate the questions, processes, or software behind the Service.

4. Payment and Fees

The fee for each study is $1,499. Discounts may be applied through promotions or bulk purchases. Full payment is due at the time of purchase. No refunds are provided under any circumstances. Since this is a one-time purchase, there are no recurring subscriptions.

5. Service Availability

SegStream, LLC does not guarantee the availability of the Service and makes no representations about uptime. The Service is provided "as-is," and no service credits or refunds will be offered for any downtime.

6. Termination

SegStream, LLC reserves the right to terminate your access to the Service for any reason, including, but not limited to, violations of these Terms. Since the Service is based on one-time use per study, no subscriptions or prorated refunds are applicable.

7. Intellectual Property and Data Usage

SegStream, LLC retains ownership over the software, questions, and processes used to generate the study. You retain ownership of the resulting study. However, by using the Service, you grant us permission to use anonymized data from the study for any purpose, including but not limited to service improvement and analysis.

Additionally, you agree to allow us to use your name and any comments or testimonials for marketing or promotional purposes.

8. Data Privacy and Security

We collect personal data such as your name, email, and payment information in accordance with our Privacy Policy. SegStream, LLC takes reasonable steps to safeguard your data. However, in the event of a data breach, SegStream, LLC disclaims any liability beyond the amount you paid for the Service. You agree that SegStream, LLC will not be responsible for any losses, damages, or claims resulting from a data breach, including but not limited to unauthorized access to your personal data, lost profits, or data loss.

9. Limitation of Liability

SegStream, LLC will not be liable for any:

• Lost profits.
• Data loss.
• Service downtime or failure.
• Issues related to your internet connection or email delivery.
• Inaccuracies in the study caused by incorrect, incomplete, or misleading information provided by the user.

You understand that the accuracy of the study is based entirely on the information you provide. SegStream, LLC disclaims any liability for inaccuracies in the study due to user-provided data. Our total liability is limited to the amount you paid for the study.

Audit Support

In the event you are audited by the IRS and the IRS requests information related to the cost segregation study produced by our Service, SegStream, LLC will provide you with information on the basis for the calculations by the Service to support your responses to the audit. This information will be based on the information provided by you at the time the study was generated. We do not guarantee that the IRS will accept or agree with the information provided, and we shall have no liability for the outcome of the audit, including any penalties, fines, or additional taxes that may result. You assume full responsibility for the use of such information in your communications with the IRS.

10. Disclaimer of Warranties

The Service is provided on an "as-is" and "as available" basis without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SegStream, LLC does not warrant that:

• The Service will meet your specific requirements.
• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate or reliable.

11. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by SegStream, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You agree that SegStream, LLC shall not be responsible or liable for any loss or damage of any sort incurred as a result of your use of any third-party website or service.

12. Force Majeure

SegStream, LLC will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, embargoes, government regulation, failure of communication or transportation systems, or failure of third-party services.

13. No Professional or Tax Advice

The information provided by the Service, including any study produced, does not constitute professional advice of any kind, including but not limited to tax, financial, legal, or accounting advice. You should consult your own tax professional, accountant, or legal advisor for specific advice related to your situation. SegStream, LLC disclaims any liability for decisions you make based on the information provided by the Service.

14. Indemnification

You agree to indemnify and hold SegStream, LLC harmless from any claims, liabilities, damages, or expenses arising from your violation of these Terms or misuse of the Service.

15. Dispute Resolution

Any disputes arising from the use of Rental Property Refund, operated by SegStream, LLC, will be resolved through mediation in San Diego, California, USA. The laws of the State of California will govern any disputes related to these Terms or the Service.

This agreement shall be construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. You agree that all disputes under or related to this Agreement shall be within the exclusive jurisdiction and forum of the state courts located in San Diego County, California.

16. Changes to the Terms

We reserve the right to modify these Terms at any time. By continuing to use the Service after any changes, you agree to the updated Terms. We will not send notifications or emails about changes; it is your responsibility to review the Terms periodically.

17. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices we provide, constitute the entire agreement between you and SegStream, LLC concerning your use of the Service. They supersede any prior agreements or communications between you and SegStream, LLC regarding the Service.

18. Contact Information

If you have any questions about these Terms, please contact us at [email protected]