Exclusive Access

Terms of Service

Last updated 11.08.2025

1. Agreement to Terms

These Terms and Conditions are a binding agreement between you and FlippingCity for your access to and use of FlippingCity.com and related sites, tools, and applications (the Site). By using the Site, you agree to these Terms. If you do not agree, do not use the Site. We may update these Terms at any time by posting a revised version with a new Last updated date. Your continued use means you accept the changes. The Site is intended for users 18 years of age or older. Access from other jurisdictions is at your own initiative and risk. You are responsible for compliance with local laws.

2. Services

FlippingCity publishes information, tools, and content related to residential real estate, including:

  • New Construction program pages, floor plans, selections, allowances, and optional build upgrades

  • Listings for move-in-ready, under-construction, and build-to-order homes, subject to availability and approvals

  • Investor education, calculators, ProFormas, and illustrative models

  • Reservation and inquiry workflows, document downloads, and program information

  • Links to independent third parties such as lenders, title, insurance, inspectors, and portals

Availability of any listing, program, or feature is not guaranteed and may change without notice. Some services are provided only under separate written agreements and addenda.

3. Informational Use and No Advice

All Site content, including ProFormas, calculators, ROI illustrations, rent and expense estimates, and projections, is for educational and informational purposes only. It is not financial, investment, tax, accounting, legal, lending, design, engineering, or insurance advice. You must perform independent verification and due diligence.

4. Forward-Looking Information

Assumptions and forward-looking statements may address rents, expenses, taxes, insurance, vacancy, maintenance, reserves, financing, appreciation, and market conditions. They are inherently uncertain and may change without notice. Actual results will differ.

5. Intellectual Property

Unless noted otherwise, the Site, its design, software, text, graphics, photographs, audio, video, trademarks, service marks, and logos are owned or licensed by FlippingCity and protected by law. You receive a limited license to access and use the Site for personal, non-commercial purposes. No other rights are granted. You may not copy, distribute, modify, publish, frame, mirror, scrape, or exploit Site content without written permission. All rights are reserved.

5A. Trademarks and Service Marks

FlippingCity is a registered service mark with the United States Patent and Trademark Office. USPTO Serial No. 99049720 and U.S. Registration No. 7,993,051. Official record details are available at https://tsdr.uspto.gov/#caseNumber=99049720&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=documentSearch.

No license to use the FlippingCity name, logos, or related trade dress is granted by these Terms. You may not display, reproduce, distribute, modify, register, or otherwise use the FlippingCity mark or any confusingly similar mark without prior written authorization. Prohibited uses include, without limitation, use in domain names, social handles, app names, advertising keywords, metatags, alt text, comparative ads that are misleading, or any manner likely to cause confusion as to source, affiliation, sponsorship, or endorsement.

Nominative fair use is permitted only to truthfully identify FlippingCity, without altering the mark, without logo use, and without implying sponsorship or affiliation. All goodwill arising from any permitted use inures to FlippingCity. Unauthorized use may violate federal and state laws, including the Lanham Act, and FlippingCity reserves all remedies at law and in equity.

All other trademarks, service marks, logos, and trade names referenced on the Site are the property of their respective owners. Use of third-party marks is for identification only and does not imply endorsement.

6. Eligibility and Accounts

You may be required to register. Keep credentials confidential, maintain accurate information, and promptly update changes. You represent that you have legal capacity, are at least 18, and will comply with these Terms and applicable law. We may suspend or terminate accounts for any violation.

7. Acceptable Use

You agree not to:

  • Scrape or systematically retrieve content without written permission

  • Circumvent security features or interfere with Site operation

  • Use bots or automated tools other than standard search engine or browser usage

  • Upload malware, spam, or infringing, unlawful, or harmful material

  • Reverse engineer Site software

  • Misuse support channels, impersonate others, or sell or transfer your profile

  • Use the Site to compete with FlippingCity or for prohibited commercial purposes

  • Remove proprietary notices or engage in unauthorized framing or linking

  • Violate any law or the rights of others

8. User Contributions and Reviews

If the Site allows posts, uploads, comments, or reviews, you grant FlippingCity a non-exclusive, worldwide, royalty-free license to host, reproduce, distribute, and display your Contributions for Site operation. You represent you have necessary rights and that Contributions are lawful, accurate, and non-infringing. We may moderate or remove content at our discretion. Reviews must reflect genuine experiences and comply with law.

9. Mobile Applications

If you access a FlippingCity app, you receive a revocable, non-transferable, limited right to install and use it on your device. You may not reverse engineer, modify, or use it to create competing products. Apple App Store or Google Play terms also apply.

10. Social Sign-In

If you connect third-party accounts, you authorize us to access and display information consistent with your settings on those services. If a third-party account becomes unavailable, related features may stop functioning.

11. Third-Party Content and Links

Links to third-party sites and content are provided for convenience. We do not control or endorse them and are not responsible for accuracy, availability, security, or policies. Dealings with third parties are solely between you and those parties.

12. Privacy and Cookies

Your use of the Site is subject to our posted Privacy Policy and Cookie practices. If you access the Site from regions with privacy laws that differ from those of the United States, you consent to processing in the United States.

13. Equal Housing Opportunity

FlippingCity supports and complies with applicable fair housing laws. Marketing describes properties and features, not people or protected classes.

14. Site Management

We may monitor the Site for compliance, restrict or remove content that burdens systems or violates these Terms, and take legal action for unlawful activity.

15. Changes and Interruptions

We may change, suspend, or discontinue any part of the Site at any time without notice. We are not liable for downtime, data loss, or changes to features or pricing.

16. Disclaimer of Warranties

The Site is provided on an as-is and as-available basis. To the fullest extent allowed by law, FlippingCity disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee accuracy, availability, or freedom from errors, interruptions, or harmful components, and we do not endorse third-party products or services.

17. Limitation of Liability

To the maximum extent permitted by law, FlippingCity will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, revenue, data, goodwill, or business interruption. Total liability for claims arising from the Site will not exceed the greater of 100 dollars or the amount you paid to FlippingCity for the specific service giving rise to the claim.

18. Indemnification

You agree to defend, indemnify, and hold harmless FlippingCity and its affiliates, officers, agents, and employees from claims and expenses arising out of your use of the Site, your Contributions, or your breach of these Terms or applicable law. We may assume exclusive defense and control of any matter subject to indemnification.

19. Electronic Communications and Signatures

You consent to receive electronic communications and to use electronic signatures, records, and disclosures. You waive any requirement for non-electronic records or signatures.

20. Termination

We may terminate or suspend access without notice for any breach of these Terms or applicable law. You may not create a new account if your prior account was suspended or terminated.

21. Export and Sanctions Compliance

You represent that your access to and use of the Site complies with applicable export control and sanctions laws. You are not located in an embargoed jurisdiction and are not a prohibited party.

22. Governing Law and Disputes

These Terms are governed by the laws of the State of Tennessee, without regard to conflict principles. Any dispute will be resolved by binding arbitration on an individual basis in Shelby County, Tennessee, under rules of a recognized arbitration provider. Class actions and class arbitration are not permitted. The parties waive jury trial rights.

23. Assignment, Severability, and Waiver

We may assign our rights and obligations at any time. If any provision is unlawful or unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver.

24. Entire Agreement

These Terms, the Privacy Policy, posted policies, and any addenda form the entire agreement between you and FlippingCity regarding the Site.

Rental Property Investment ProForma © Addendum

A. Ownership and Copyright

The FlippingCity ProForma and all related templates, calculators, fields, formulas, labels, and formatting are proprietary works. The ProForma is © FlippingCity. All rights reserved. Watermarks and proprietary notices must remain intact.

B. Limited License for Evaluation

Subject to these Terms, FlippingCity grants a limited, revocable, non-transferable license to access and use the ProForma solely for internal evaluation in connection with a potential transaction with FlippingCity. No other rights are granted.

C. Prohibited Uses

You may not copy, reproduce, modify, translate, adapt, reverse engineer, disassemble, decompile, resell, rent, lease, sublicense, redistribute, publish, host, mirror, or frame the ProForma, in whole or in part. You may not remove or alter any watermark, copyright, or proprietary notice. You may not use the ProForma or derivative outputs to train or improve AI or machine learning systems.

D. No Redistribution or Public Posting

You may not share the ProForma outside your organization, post it publicly, or include it in any platform, data room, knowledge base, or shared repository, except as expressly permitted in a written agreement with FlippingCity.

E. Inputs, Outputs, and Verification

Inputs you enter and outputs generated by the ProForma are illustrative only. Calculations depend on your assumptions, data sources, and formatting. You are solely responsible for verifying figures, methodologies, and results, and for compliance with lender, insurer, program, and regulatory requirements.

F. Assumptions and Forward-Looking Estimates

The ProForma may include assumptions concerning rents, expenses, taxes, insurance, vacancy, maintenance, reserves, financing, appreciation, and market conditions. Such assumptions are forward-looking and uncertain. Actual results will differ.

G. No Advice and No Performance Guarantee

The ProForma is an educational tool and does not constitute financial, investment, tax, accounting, or legal advice. FlippingCity does not guarantee performance, valuations, rent levels, insurance premiums, tax rates, or financing outcomes.

H. Third-Party References and Data

Tax, insurance, utility, valuation, or market figures may rely on third-party data. FlippingCity does not control third-party content and disclaims responsibility for accuracy, timeliness, completeness, and availability.

I. Versioning and Updates

FlippingCity may update the ProForma structure, fields, formulas, or underlying assumptions at any time without notice. Prior versions may be withdrawn and may not be supported.

J. Technical Protections and Audit

The ProForma may include watermarks, usage logs, or other technical measures to protect intellectual property. FlippingCity may review usage for suspected misuse consistent with applicable law.

K. Revocation of Access

FlippingCity may suspend or revoke access or the license for suspected misuse, breach of this Addendum, or circumvention of technical protections.

L. Confidentiality

You agree to keep the ProForma and any non-public specifications, notes, or methodology confidential, to limit access to personnel with a need to know, and to prevent unauthorized disclosure.

M. Remedies

In addition to other remedies allowed by law, FlippingCity may seek injunctive relief for any actual or threatened misuse of the ProForma or violation of this Addendum.

N. DMCA Process

Claims of copyright infringement relating to the ProForma will be handled under the Site Copyright page process.

O. Survival

Ownership, license restrictions, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and remedies survive termination of access to or use of the ProForma.

P. Acceptance

Accessing or using the ProForma signifies your agreement to this Addendum, which forms part of the Terms of Service.

New Construction Program Addendum

A. Scope and Incorporation

This New Construction Program Addendum governs your access to and use of new construction content, listings, floor plans, elevations, renderings, selections, allowances, upgrades, optional add-ons, construction status updates, reservation tools, and related documents on the Site. This Addendum is incorporated into and forms part of the Terms of Service. If there is a conflict, this Addendum controls for new construction matters.

B. Illustrative Materials and Variances

Plans, elevations, renderings, virtual tours, interior and exterior images, finishes, landscaping depictions, site diagrams, and dimensions on the Site are illustrative and provided for reference only. Colors, textures, lighting, landscaping maturity, and product appearances can vary due to manufacturing tolerances, screen settings, lot conditions, and supplier or code changes. Field conditions and final approved construction drawings control.

C. Specifications, Allowances, and Option Selections

Any specifications, schedules, or selections shown on the Site may include budget allowances, product lines, and finish descriptions. Allowances are estimates and do not guarantee availability, brand, model, or exact pricing. Buyer selections are subject to plan compatibility, scheduling, supplier lead times, and approval by the builder and authorities having jurisdiction. Selections that exceed allowances require a signed change order and cost adjustment.

D. Substitution of Materials and Brands

The builder may substitute materials, products, models, finishes, equipment, or brands of equal or better quality when required by availability, warranty continuity, manufacturer updates, code compliance, safety, or site conditions. Substitutions must be substantially similar in performance and appearance. Reasonable variations inherent in manufacturing or natural materials are acceptable. Substitutions that materially change design intent or function will be disclosed as practical.

E. Site Conditions and Utility Availability

All homes, pads, and improvements are subject to site constraints, soils, grading, drainage, easements, utility capacity, municipal or utility company approvals, and recorded restrictions. Lot fit, driveway approach, carport or garage orientation, and required retaining or drainage improvements are determined by final surveys, engineering, and authority approvals.

F. Permits, Inspections, Codes, and Changes Required by Authorities

All work is subject to applicable codes, standards, and inspections. Authorities having jurisdiction may require changes to plans, materials, or methods at any time. Such changes, including those mandated after permit issuance, may affect layout, dimensions, finishes, or timelines. Code-driven changes are not a defect and may result in adjustments consistent with law and accepted construction practice.

G. Scheduling, Timelines, and Delays

Any target start dates, stage milestones, or completion estimates shown on the Site are forward-looking and not guaranteed. Timelines may shift due to weather, labor or material shortages, supply chain disruptions, inspection availability, change orders, force majeure events, or other factors beyond reasonable control. Builder will sequence work in commercially reasonable fashion. Time estimates posted on the Site do not create contractual deadlines.

H. Availability, Feasibility, and Reservation Tools

Listings, under-construction homes, future lots, and build-to-order opportunities are subject to availability, feasibility, utilities, and regulatory approvals. Online reservation tools, holds, letters of interest, or similar workflows are informational only. They do not create a purchase agreement, financing approval, or a promise to deliver any home, plan, or date. Contract rights arise only when a definitive purchase agreement and all required addenda are fully executed.

I. Pricing, Incentives, and Assistance Programs

Any pricing, incentives, rate buydowns, option credits, or references to assistance programs depend on eligibility, underwriting, funding availability, provider rules, and change or discontinuation by third parties. Displayed amounts are estimates and may be updated without notice. Programs may impose additional conditions, caps, and deadlines. FlippingCity does not control third-party decisions.

J. Model Home and Representative Photography

Site photography or tours may show a model home or a previously built home with upgrades, options, or features not included in a particular listing or plan. Only the executed purchase agreement, specifications, selection sheets, and change orders define included features. Captions indicating model or representative imagery may be present and should be reviewed carefully.

K. Options, Add-Ons, and Customizations

Optional features, add-ons under carports or garages, storage rooms, porches or patios, appliance packages, technology packages, or energy options are subject to plan and lot compatibility, structural and code feasibility, and supplier availability. Certain items must be ordered before framing or rough-in. The builder may decline or modify requests that are not compatible or cannot be delivered within reasonable time or budget.

L. Buyer Responsibilities and Verifications

Buyer is responsible for verifying square footage, room dimensions, garage or carport orientation, driveway length and turning radius, utility arrangements, HOA or CCR restrictions, school zoning, taxes, insurance, and any features material to the purchase. Any reliance on Site estimates, summaries, or calculators is at Buyer’s own risk. Independent inspections available to Buyer must be conducted in accordance with contract deadlines and applicable law.

M. Inspections, Punch List, and Substantial Completion

Project delivery follows the contract, applicable codes, and local practice. A final walk-through and punch list process will occur near substantial completion. Minor cosmetic items and customary tolerances do not delay substantial completion. The builder will address punch list items within a reasonable period, considering trade availability and lead times.

N. Warranties and Exclusions

New home warranty coverage, if provided, will be defined in the purchase agreement and applicable warranty documents. The Site does not expand warranty coverage. Normal wear and tear, environmental factors, lack of maintenance, and damage caused by misuse or alterations are excluded. Manufacturer warranties apply to covered components and may require registration and maintenance.

O. Fair Housing and Marketing Standards

FlippingCity supports and complies with applicable fair housing laws. Marketing on the Site describes properties and features, not people or protected classes. Any location references are descriptive of access to amenities or infrastructure and are not assurances of future conditions.

P. No Advisory Relationship and Independent Due Diligence

Information on the Site is educational and informational. It is not financial, investment, tax, accounting, legal, lending, design, engineering, or insurance advice. Users must conduct independent due diligence, including verification of measurements, selections, option feasibility, and program or lender requirements.

Q. Third-Party Content, Data, and Services

The Site may reference or link to content, data, or services operated by independent parties, including lenders, title, insurers, inspectors, and portals. FlippingCity does not control third-party content and disclaims responsibility for accuracy, timeliness, completeness, availability, and policies. Your dealings with third parties are solely between you and those parties.

R. Changes to Site Content and Plan Libraries

FlippingCity may add, modify, or remove plans, options, finishes, images, pricing examples, and timeline illustrations at any time without notice. Plan libraries and representative photography evolve with supplier updates and code changes. Prior versions may be withdrawn.

S. Force Majeure

Neither FlippingCity nor the builder is liable for delay or nonperformance caused by events beyond reasonable control, including extreme weather, acts of God, labor disputes, labor or material shortages, transportation or utility disruption, epidemics, governmental actions, or other force majeure events. Schedules will be adjusted in commercially reasonable fashion following such events.

T. Disclaimers and Limitations

To the fullest extent permitted by law, all new construction materials on the Site are provided as is and as available without warranties of any kind, express or implied. Without limiting the Terms of Service, FlippingCity disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment. In no event will FlippingCity be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, data, goodwill, or business interruption arising from or related to new construction content or reliance thereon. Statutory rights that cannot be disclaimed remain in force.

U. Precedence, Survival, and Updates

If any provision of this Addendum is held invalid or unenforceable, the remainder remains in full force. Ownership, intellectual property, disclaimers, limitations, confidentiality obligations in posted documents, dispute resolution, and indemnification survive termination of Site access. FlippingCity may update this Addendum by posting a revised version with a new Last updated date. Continued use of the Site after posting constitutes acceptance.