As used herein, the term “Products” shall include all products are services obtained from or through this Site or the Company, including but not limited to, (i) any initial course materials as described on the Site, (ii) any information and other data provided to You by the Company on a monthly subscription basis, and (iii) the use of any software or websites.
YOUR ACCEPTANCE OF OUR IMAGE POLICY
The Company utilizes images for the promotion of products and services. In most cases, these images are public domain and allow the Company to use them in the promotion of products without obtaining the written consent of the owner. Images may include pictures, maps, terrain data, imagery, business listings, traffic, reviews and other items. Most images are granted a “Fair Use” license. Fair Use is defined by United States copyright law which allows use of copyrighted work in certain ways without obtaining a license from the copyright holder.
The Company does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
While the Company makes every effort to ensure that property images are accurate, it cannot accept responsibility for any errors. Properties advertised on occasion may no longer be available, and some property images may be removed at any time without notice. Most images are of the actual properties listed, however, on some occasions images of similar properties, properties in close proximity to the actual properties or the wrong property may be used. As a result, it is important to perform your own due-diligence to verify any listing prior to taking action.
The Company strongly recommends each property is viewed and any documentation is checked before entering into a business transaction. The Company is not liable for any errors or for your failure to perform due-diligence.
YOUR ACCEPTANCE OF OTHER AGREEMENTS
OWNERSHIP OF SITE AND PRODUCTS
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.
You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.
LIMITED LICENSE AND USE OF SITE AND PRODUCTS
You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.
Use of Site. You are responsible for all activities that occur with the use of Your account and password. You agree to provide true, accurate, current and complete information about Yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of Your credit card, You shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
Any communications or material of any kind that You email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in Your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to You.
Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company.
Any unauthorized use of the Site or the Products automatically terminates the permission or license granted by the Company herein.
FEES AND PAYMENT
If you have agreed to monthly payments, You hereby authorize the Company to draw an annual or monthly automatic recurring payments from Your credit card, covering all monthly dues and all other applicable payments for your subscription. If you elect an annual payment option, your payment for that year is charged upfront for your annual subscription. One (1) year from the month of purchase you authorize the Company to automatically charge the annual renewal for continued service. Thirty (30) days prior to the automatic renewal date, yearly subscribers can request in writing to convert their annual subscriptions to month-to-month subscriptions.
All month-to-month subscriptions will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
The Company reserves the right to revoke access to the subscriptions if the balance is overdue or invoices are not paid in full. If for any reason You default on your contracted payment obligations, You hereby authorize the Company or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to the Company. You shall indemnify the Company for all collection or legal fees incurred by it in order to satisfy Your payment defaults.
As referenced above, if you have agreed to annual payments for your subscriptions, You hereby authorize Company to withdraw payments annually from Your credit card, covering the discounted annual fee and all other applicable payments for Your Service.
PROBATE LEADS & ACCESS TO MULTIPLE LISTING SERVICE LEADS
The Company subscribes to Multiple Listing Services (“MLS”) and various probate jurisdictions. The Company offers access to its MLS and probate information it legally receives to its clients on a subscribership basis.
The Company makes no warranties or promises with regard to the use or intended use of information provided to its Subscribers. You agree to hold the Company and its affiliates harmless from any claims, damages, costs or expenses arising out of your use of the MLS or probate information accessed through your subscription with the company.
Access to the MLS and/or Probate leads are either on a per access or subscription basis. Per access rates vary on the record requested and are only good for one (1) submission or download. Access to the MLS and/or Probate leads are subscription based and can be purchased monthly or annually. A valid credit card is required to set up a MLS and/or Probate Subscription.
Probate leads are sold by geographic area and are sold on a first come first serve basis. Consequently, a limited number of subscribers will have access to Probate Leads at a given time based on the timing of their request. If no such Probate Leads exist in your desired location, the Company will place you on a waitlist for any leads in that specific county or jurisdiction. Continuity of Probate Leads are secured by an active and up-to-date subscription. If you fail to make a payment or let your subscription lapse, you forfeit the rights to access leads and void any waitlisted position.
From time-to-time the Company will offer promotional codes for its various products and services, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
- Promotional Codes are limited time offers;
- The Company reserves the right to modify or cancel the offer at any time, regardless of whether you receive the code directly from the Company for from a third party;
- Offers are only good for the time period listed;
- Offers are limited to one per customer and/or account;
- Promotional codes only apply to qualifying items;
- Shipping and taxes may apply;
- Promotional Codes are not transferable and may not be resold;
- Violations of the Company’s Terms & Conditions will make the promotional code invalid.
Digital Software. This money-back guarantee only applies to the Company’s digital product(s), and not to any coaching, masterminds and events. At Kent Clothier and Real Estate Worldwide, we are very confident in our Digital products and offer a 30-day money back guarantee. If You are not completely satisfied with Your purchase for any reason within the first 30-days of usage, You are eligible for a refund.
If You have purchased access to one or more of our databases (SMART Suite, SMART Suite Premium, SMART Suite Basic, Find Cash Buyers Now, Find Motivated Sellers Now, Find Private Lenders Now, Voxient, Probate Leads or Tax Liens), this guarantee is subject to the limitation described above. This policy is intended to provide users with a risk-free trial period of our software. Please review our digital products carefully before making a purchase. As with all in-store purchases, it is the customer’s responsibility to determine whether the product is appropriate for them before purchasing.
If after viewing the limitations, You are eligible for and would like to request a refund complete this form: http://kentclothier.com/refund-request/.
Refunds are reviewed and processed within 3-5 days. We will review Your request and respond within 24 hours of reviewing Your request. Once Your refund has been approved, it will be credited to Your account and Your membership will be disabled. If there is an emergency that requires a refund outside of this timeline please call customer support at 888-411-1705.
If You are outside of the 30-day window, You are not eligible for a refund. However, You may discontinue Your service at any time.
Free Plus Shipping Product. If You are not completely satisfied with Your free plus shipping product, as stated on our site, we will refund Your shipping and You can keep the DVD.
REWW Academy Membership and Courses. This program includes teaching You proprietary and confidential information about real estate investing, marketing and strategies to improve your business and life. This information will provide You with a competitive advantage over Your peers, helping You build an extraordinary life and business.
Much like the coaching and mastermind services we offer, once we have given You this knowledge, it is impossible for us to recoup. You have a 7-day right of rescission period on Your purchase, which gives You 7 days to reverse Your charges and receive a full refund. Concurrently you have a 30-day Money Back Guarantee on your REWW Academy purchase. The 30-day Money Back Guarantee is valid for customers who have completed less than 5 lessons of their REWW Academy purchase across all REWW Academy courses. In summary, You are eligible for a full refund if:
- You are within the 7-day right of rescission period or
- You are within 30-day Money Back Guarantee and have consumed less than 5 lessons across all REWW Academy courses
If You have consumed more than 5 lessons across all REWW Academy courses, You forfeit Your right to a refund. After 30-days, Your enrollment into the program is final. If You are outside of the 30-day window, You are not eligible for a refund. However, You may discontinue Your service at any time.
If you cancel your service within the 30-day Money Back Guarantee window, we reserve the right to revoke any Digital Badges you have earned during that period of time.
To request a refund you can call customer support at 888-411-1705 or message us through our contact us form here: https://academy.reww.com/contact-us/.
Coaching/Paid Education Services. This program includes teaching You proprietary and confidential information in regards to real estate marketing and business strategies. This information will separate You from Your competitors in terms of Your success. Once we have given You this knowledge, it is impossible for us to recoup that knowledge, so starting the day of Your purchase, as documented by Your email receipt and Your signed customer agreement You have 7-business day to cancel this agreement and receive a full refund. After this time Your enrollment into the program is final.
LICENSING AGREEMENT FOR 1-800sellnow.com LICENSES:
This License Agreement (“Agreement”) is made and entered into by and among FPLN, LLC, a Florida limited liability company (hereinafter referred to as “Licensor”) located at 2637 E. Atlantic Blvd, #22838, Pompano Beach, FL 33062 and an individual, or corporation, or partnership (hereinafter referred to as “Licensee”) that has agreed to these Terms and Conditions by checking the appropriate box on the website 1800sellnow.com prior to purchase.
WHEREAS, Licensor is engaged in the business of developing, procuring, marketing and licensing of telephone and Internet access systems and equipment used in the marketing of various services, including “1-800-SELL-NOW” system, for which it holds the exclusive licensing rights from Results Homebuyers, Inc., for the marketing and purchasing of homes (the “Service”) and providing advertising services relating thereto; and
WHEREAS, Licensee is in the business of marketing, buying and/or selling houses in the Territory; and desires to use the Service in the Territory.
NOW, THEREFORE, in consideration of the terms, covenants and conditions contained herein, the parties hereto mutually agree as follows:
(a) Licensor hereby grants to Licensee, and Licensee hereby accepts, a license, in and to technology , know-how and intellectual property rights related to the service (the “Technology”) necessary to and solely for the purpose of using the Service in the “ territory” as defined in Exhibit A hereto, which is hereby made a part hereof.
(b) The license granted hereby conveys no right to Licensee to use or register any trademark or trade name of Licensor, or to use the name of Licensor or any trademark or trade name in any manner whatsoever in connection with the service hereunder, except in using the service as expressly set forth herein. Nothing in this Agreement shall be construed as conveying, expressly or by implication, any right under any Licensor’s know-how except in connection with using the Service hereunder for licensee’s own account.
(c) Upon the termination of this license for any reason, Licensee shall return the Technology, included but not limited to any source codes, passwords, software and any and all copies thereof, to Licensor.
(d) Nothing contained herein shall prohibit Licensor from using the Technology for its own purposes, nor from licensing the Service and the Technology to others. The foregoing notwithstanding, Licensor hereby retains the ownership and right to use, sell assign or transfer any leads generated through the Service and Technology obtained by use of the Service or Technology, provided such shall not be in conflict with the rights otherwise granted herein to Licensee.
(e) The granting of the foregoing license shall not preclude Licensor from establishing, for its own account or for franchising or licensing to others, similar Services and Technology. However, in the event Licensor determines, in its sole discretion, during the term hereof, to make available in the territory, licensing or franchise rights for Similar Services and Technology, the licensor shall grant the licensee a right of first refusal for a period of thirty (30) days to acquire from the Licensor such a license or franchise for the Territory upon the same material terms and conditions it intends to offer such license or franchise to any third party.
The license to use the Service granted hereby shall be exclusive, in the territory as defined, as the United States of America and Canada.
In consideration of the permission to use the Service and the Technology to be provided to Licensee in the Territory, Licensee shall pay the Licensor at the address set forth hereinabove, or at such other address as shall be provided to Licensee in writing by Licensor, the payment of fees as provided for in Exhibit B hereto, hereby made a part hereof. The Licensing Fees and, and all other payments to Licensor, shall be net to Licensor, without deduction for taxes, assessment, or other charges which may be imposed by any government.
Unless otherwise stated, the term of the license agreement will be for six-months (180 days – 6 consecutive monthly billing periods). At the end of the six-month period, the license shall be continued on a month-to-month basis until cancelled by either party with 30 days written notice.
You can cancel any time in the first 7 days without a fee. Concurrently you have a 30-day Money Back Guarantee, in the event that You cancel after the first 7 days You will be charged a $200 cancellation fee. After 30 days, a $500 cancellation fee will be assessed.
If You wish to cancel, You must go to www. cancel1800sellnow.com and complete the form.
6.Availability of Service and Technology.
As set forth in Exhibit A attached hereto and made a part hereof.
7.Routing of calls, Routing Fees and Business Use Only of Service
Licensor may establish and amend, from time to time, reasonable rules and regulations relating to the routing and re-routing of calls that constitute part of the Service and Technology, including in any multi-license Territory, the routing and re-routing of call proportionate to the to the number of advertising units, as set forth in paragraph 7 (c) hereof, purchased from Licensor by each respective Licensee. Licensor may amend such rules, regulation upon thirty (30) days notice to Licensee. Licensee acknowledges and agrees that use of the Service and Technology is for business purposes only and any misuse of such may be a basis for termination of the agreement. Licensor further reserves the right to audit Licensee’s telephone usage, and to charge Licensee for misuse of the telephone usage, and Licensee agrees to pay such charges within thirty (30) days after rendering of the invoice for the same.
(a) Licensee acknowledges and agrees that all ownership and proprietary rights (including, without limitation, the trademarks and copyrights) to Service and Technology are and shall remain the sole and exclusive property of Results Homebuyers, Inc. and Licensor.
(b) Licensee acknowledges and agrees that Results Homebuyers, Inc. and Licensor are the sole owners of the Technology used in the connection with the Service and that nothing contained in this agreement grants Licensee any right to use any such Technology, except as expressly provided in this agreement.
(c) Licensee shall promptly advise Licensor of any possible infringement Licensee becomes aware of any of Licensor’ marks, copyrights, trade secrets or other proprietary rights, or any use of the Licensor information in violation of this Agreement.
9.Advertising and Promotion.
(a) Licensee shall cause all advertising or promotional material pertaining to Service and/or Technology that it uses to comply with the then-current Licensor’s code of Advertising, as may be established or amended from time to time by Licensor in its sole discretion. As of the date hereinabove written, the Licensor has adopted as its current code of Advertising, the Better Business Bureau Code of Advertising
(b) Licensee shall not make, publish or distribute or cooperate with any third party in making, publishing or distributing any public announcements, press releases, advertising, marketing promotional or other materials (whether in print, electronically or otherwise) (“Materials”) that use Licensor’s name, logos or trademarks or copyrights, of which Licensor may, by written notice, disapprove.
(c) Licensor may, from time to time, develop advertising relating to the Service, which shall be made available to Licensee without charge, and Licensee may, but shall not be obligated to, use such advertising in the Territory. In addition to the foregoing, Licensor may make available for purchase from Licensor, to each licensee, placement in print, radio, television and billboard media at the price and upon the terms and conditions set forth in Exhibit B hereto.
(d) Other than as provided in subsection (c) above, Licensee shall at all times be solely responsible for developing, providing and paying for any and all advertising relating to the Service in its Territory.
If You use a custom domain name (i.e. www.myfabuloushomedeals.com) for Your squeeze page the company is not responsible for the domain name being renewed if the user is inactive. A user will be considered inactive if they have not logged into the site for 120+ days. Inactive domain names will not be automatically renewed by the company. The company is not responsible for non renewed domain names being cancelled.
(a) Licensor shall indemnify and hold harmless Licensee against all liabilities, costs and expenses (including reasonable attorney’s fees) incurred by Licensee that arise out of any claim asserted by a third party that the Service or Technology infringe a U.S. copyright (except for claims for which Licensors entitled to indemnification under Section 8 (b), in which case Licensor shall have no indemnification obligations with respect to such claim), provided that Licensee, upon receipt of notice of claim that could result in Licensor indemnifying Licensee pursuant to this subsection, gives prompt written notice to Licensor of the existence of such claim and permits Licensor, if it so requests, either to conduct the defense of such claim or to participate with Licensee in the defense thereof and in any settlement negotiations relating thereto; provided, however that Licensor shall not be required to pay any settlement amount that it has not approved in advance.
(b) Licensee shall indemnify and hold harmless Licensor against all liabilities, costs and expenses (including reasonable attorney’s fees) incurred by Licensor that arise out of any claim asserted by a third party that involves, relates to or concerns (i) the marketing, sale, or promotion by Licensee of the Service or (ii) any use by Licensee of any Service or Technology in violation of this Agreement; provided that Licensor, upon notice of a claim that could result in Licensee indemnifying Licensor pursuant to this subsection, gives prompt written notice to Licensee of the existence of such claims and permits that Licensee, if it so requests, either to conduct the defense thereof and in any settlement negotiations relating thereto; provided however, that Licensee shall not be required to pay any settlement amount that it has not approved in advance.
(c) DISCLAIMER. LICENSOR PROVIDES THE TECHNOLOGY AND SERVICE TO LICENSEE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. FOR EXAMPLE, LICENSOR DOES NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, AND LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY WITH RESPECT TO ANY ACTUAL OR ALLEGED INACCURACY, UNTIMELINESS, INCOMPLETENESS, INADEQUACY, UNMERCHANTABILITY OR UNFITNESS. LICENSEE SHALL NOT MAKE ANY STATEMENT RESPECTING THE INFORMATION THAT IS CONTRADICTORY TO OR INCONSISTENT WITH THE FOREGOING STATEMENTS.
Licensee and Licensor understand and agree that in the performance of this Agreement each party may have access to private or confidential information of the other party, including, but not limited to, trade secrets, marketing and business plans and technical information, which is designated as confidential by the disclosing party in writing, whether by letter or by the use of proprietary stamp or legend, prior to or at the time it is disclosed to the other party (“Confidential Information”). Both parties agree that the terms of this Agreement, including without limitation its financial terms such as the payments and the information contained on reports, shall be deemed Confidential Information owned by the other party. Licensee acknowledges and agrees that matters pertaining to the Technology and technological aspects of the Service are Confidential Information of Licensor. In addition, information that is orally disclosed to the other party shall be constitute Confidential Information if within 10 days after such disclosure the disclosing party delivers to the receiving party a written document describing such Confidential Information and referencing the place and date of such oral disclosure and the names of the employees of the party to whom such disclosure was made. Each party agrees that:
(i) all Confidential Information shall remain the property of the owner; (ii) it shall maintain, and shall use prudent methods to cause its employees and agents to maintain, the confidentiality and secrecy of the Confidential Information; (iii) it shall not, and shall use prudent methods to ensure that its employees and agents do not copy, publish, disclose to others our use (other that pursuant to the terms hereof) the Confidential Information: and (iv) it shall return or destroy all copies of the Confidential information upon request of the other party. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes a part of the public domain through no act or omission on the part of the receiving party, (ii) is disclosed to the third parties by, the disclosing party without restriction on the third parties, (iii) is in the receiving party’s possession, without actual or constructive knowledge of an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, (iv) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, (v) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information or (vi) is released from confidential treatment by written consent of the disclosing party.
12.Additional Obligations of Licensee.
(a) Licensee agrees to be bound by Licensor’s rules for the appropriate use of the Service and Technology in the Territory. Licensee’s failure to follow these rules, whether set out in this Agreement, or in notices communicated by Licensor, may result in Licensor Terminating this Agreement. Licensee hereby represents, warrants and covenants that Licensee will abide by the following in its use of the Service and in the Territory: (i) Licensee will not post, transmit, display, distribute or promote any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit or indecent material of any kind; (ii) Licensee will not encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iii) Licensee will not post, transmit, display, distribute or promote in any way information, , software, or other material that violates, plagiarizes or infringes the rights of the third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iv) Licensee will not promote physical harm or injury against any group or individual; (v) Licensee will not post, transmit, display, distribute or promote material that’s exploits children under eighteen (18) years of age; (vi) Licensee will not develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); (vii) Licensee will not use the site for storage for remote loading or as a door or signpost to another server; (viii) Licensee will not develop pages on the Licensor’s website that consist of hyperlinks to content or materials of any kind in violation of the rules contained in this paragraph; (ix) Licensee will not restrict or inhibit any other user from using and enjoying the Licensor’s website or the Service; (x) Licensee will not use Licensor’s website or the Service to post, transmit, display, distribute or promote material of any kind that contains a virus or other harmful component; and (xi) Licensee will not use the Licensor’s website or the Service to post, transmit, display, distribute or promote information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact.
(b) In the event the Licensor offers email address to Licensee, upon termination of this Agreement, Licensor shall have the sole and exclusive right to reassign the Licensee’s e-mail address.
(d) Licensee is expected to conduct business in a legal, ethical, and responsible manner. Multiply complaints from, but not limited to: The Better Business Bureau, The Attorney General’s office, sellers of the houses, and/or buyers of houses will constitute a material breach of this Agreement.
Neither party hereto shall be liable for any delay arising from circumstances beyond its control including (but not limited to) acts of God, war, riot of civil commotion, industrial dispute, fire, flood, drought, shortage of material or labor or act of government, provided that the party seeking to be excused shall make every reasonable effort to minimize the delay resulting there from. Each party shall keep the other fully informed of any circumstances.
(a) Licensee shall comply with all laws and regulations of all applicable jurisdictions relating to the Service and Technology, and all advertising relating thereto.
(b) This Agreement shall be subject to all laws and regulations now or hereafter in effect applicable to the subject matter hereof
(c) If the terms of this Agreement are such as to require or make it appropriate that this Agreement be registered with or the subject matter be subject to government licensing in any area in which Licensee will do business hereunder, Licensee will, at its expense, promptly undertake such registration or licensing. Licensee will supply prompt notice and appropriate verification of any such registration or license resulting therefrom.
(d) Licensee will, at its expense, carry out any formal recordation of this Agreement required by the law of the Territory as a prerequisite to the enforceability of this Agreement or for any other reason, and promptly supply verified proof of such Licensor.
No provision of this Agreement may be amended, revoked or waived except by a writing signed by a duty authorized representative of each of the parties hereto.
Except as otherwise provided herein in this paragraph this Agreement shall not be assignable, transferable or sublicensed (hereinafter “Assignment”). Assignment of this agreement may be permitted by Licensor provided that any such assignee, transferee or sub-licensee:
(a) Shall agree in advance in writing satisfactory to Licensor to be bound by all the terms of this Agreement;
(b) Agrees to and passes a background check conducted by Licensor; and
(c) Licensee provides to Licensor, at least five (5) business days prior to such desired Assignment, the name and address of any such assignee, transferee or sublicense, and an executed copy of the agreement, satisfactory to Licensor, providing for such Assignment, setting forth, inter alia, the agreement to be abound by all the terms and conditions of this Agreement.
This Agreement shall be binding upon and be for the benefit of the parties and their respective successors and permitted assigns.
Any attempt to assign, transfer, or sublicense this Agreement or the License hereunder, other than as may be permitted pursuant to this paragraph 15 shall be deemed a material breach of this Agreement and the license and this Agreement may be terminated by Licensor .
Except for amounts payable pursuant to section 8 or resulting from a breach of Section 10, neither party shall be liable to the other for any damages other than direct damages, including but not limited to consequential, indirect, special, exemplary, or punitive damages, or any lost revenues or lost profits, even if advised of the possibility of such damages.
Any notice required to be given hereunder shall be deemed sufficient and delivery shall be deemed complete if sent by registered mail to the following address:
To Licensor: FPLN, LLC
2637 E. Atlantic Blvd, #22838
Pompano Beach, FL 33062
Attention: Kent Clothier
To Licensee: Billing Address on File
19.Governing Law and Venue.
This Agreement and the relationship of the parties hereto shall be governed in all respects by the laws of the State of Florida for contracts made and to be wholly performed with the State of Florida, except for its laws relating to choice of laws, and except that questions affecting the validity, construction and effect of any patent, mark or copyright shall be determined by the law of the country in which it has been granted. Venue for any action brought hereunder shall lie exclusively in the courts of Palm Beach County, Florida (or such other county in which Licensor’s principal place of business may be located) and the Federal Courts of the United States.
The failure of either party at any time to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law.
This Agreement, including that attached hereto as Exhibits A and Terms and Conditions, represents the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements, understandings and communications, whether oral or written.
When You purchase products from the Company, the Company has the right to contact You via email, phone call, text message or other messaging technology to discuss Your account and additional services or products the Company provides.
1-800-SELL-NOW LICENSE AGREEMENT
Website and Telephone inquiries will be based on zip code and their corresponding county/territory. If a zip code is split amongst a county, then the county with the dominant part of the zip code will prevail and receive those website and telephone inquiries.
Electronic Form. By accessing the Website or becoming a Member, You consent to have this Agreement provided to You in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to [email protected] or a letter and self-addressed stamped envelope to: 1-800-SELL-NOW, 2637 E. Atlantic Blvd, #22838, Pompano Beach, FL 33062
Withdrawing Your Consent. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form.
(i) Effect. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Service unless, and until, we issue You a new username and password. We only will issue You a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.
(ii) Notice. To withdraw Your consent and/or request a non-electronic copy of this Agreement, please send an email to [email protected] or a letter and self-addressed stamped envelope to: 1-800-SELL-NOW, P.O. BOX 6129, DELRAY BEACH, FLORIDA 33482
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of Your withdrawal.
Access and Retention. In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Via, the Website, we will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.
Eligibility. You must be at least eighteen (18) years of age to register as a member of Licensor or use the Website. Membership in the Service is void where prohibited. By using the Website, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Membership and Subscription Pricing. As a Member, You will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other Members, You must become a paying subscriber to the Service. Please note that the subscription policies that are disclosed to You in subscribing to the service are deemed part of this Agreement. Please see Billing Details for a description of such policies. For purposes of this Agreement the term “Member” includes subscribers, unless where its usage indicates otherwise. From time to time, Licensor may remove the profiles of non-subscribers.
Term. This Agreement will remain in full force and effect while You use the Website and/or are a Member. You may terminate Your membership and/or subscription at any time, for any reason, by sending 1-800-SELL-NOW written notice of termination to 1-800-SELL-NOW, 2637 E. Atlantic Blvd, #22838, Pompano Beach, FL 33062 or email notice of termination to [email protected] If You terminate Your subscription, Your subscription will remain active until the end of Your then-current subscription period (that is, the subscription period through which You had paid prior to Your termination). Licensor may terminate Your membership and/or subscription by sending notice to You at the email address You provide in Your application for membership, or such other email address as You may later provide to Licensor. If Licensor terminates Your membership in the Service because You have breached this Agreement, You will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Licensor. Licensor is not required to provide You notice prior to terminating Your membership and/or subscription. Licensor is not required, and may be prohibited, from disclosing a reason for the termination of Your account. Even after Your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Payment. In exchange for the Service available to You in connection with Your Subscription, You agree to pay all applicable fees as displayed in Licensor’s on-line registration or otherwise made available to You. All Subscription fees payable to Licensor are due in advance, and no Subscription products or services shall be delivered to You unless and until Licensor has received full, non-conditional payment of all applicable fees, including credit card payment verification, approval and clearance. Your first month’s Subscription fee, if Your Subscription relates to only a part of the first month, shall be appropriately prorated. However, no part of the full monthly Subscription fee is refunded if You terminate in the middle of a month. Any and all applicable sales or use taxes, as well as all applicable Exchange fees and charges (unless expressly included in Your Subscription for no additional charge), shall be Your responsibility and paid by You in full and on a timely basis.
(a)Payment By Credit Card: You hereby authorize Licensor or its affiliate to use the credit card information furnished by You to Licensor or its affiliate for purposes of fulfilling Your payment obligations under this Agreement. You further represent and warrant that (i) the credit card information provided to Licensor (card number, expiration date and card-holder’s name) is accurate and valid in all respects and lawfully authorized for use, and that You are providing Your credit card information to Licensor fully intending and expecting Your credit card to be fully charged all fees and payment amounts which You have agreed to pay in Your online registration, or otherwise, including all Subscription, data, Exchange and other fees and charges; and that (ii) such credit card belongs to You or has been authorized for use by You by the valid card-holder. Upon expiration of Your credit card, You shall notify Licensor of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
(b) Late Payments: Payments not received by their due dates will be assessed a late charge fee equal to Licensor’s then current late charge fee amount, but not less than $10.00. Payments returned to Licensor for insufficient funds will result in a service charge fee of the maximum allowable returned check fee under Florida law. You shall thereafter be charged interest at the maximum legal interest rate on any unpaid balance.
Account Security. You are responsible for maintaining the confidentiality of the username and password that You designate during the Registration process, and You are fully responsible for all activities that occur under Your username and password. You agree to (a) immediately notify Licensor of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Licensor will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. If You share Your computer with others, You may wish to consider disabling Your auto-sign in feature.
REAL MARKETING EXPERTS
BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Real Market Experts & Company reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement within Your reporting back office or by contacting [email protected].
- You must be 18 years or older to use this Service;
- You must provide Your legal full name, a valid email address, payment details, and any other information requested in order to complete the registration process;
- You are responsible for all trademarks, logos, design, media, text, graphics, animations, audio components, video components, photos or any other information (hereinafter collectively referred to as “Content”) that we post on Your behalf (even when Content is posted by others who have access to Your Service);
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws);
Violation of any of the terms will result in the termination of Your Service. While Real Market Experts prohibits such conduct and Content on the Service You understand and agree that Real Market Experts cannot be responsible for the Content posted on the Service by parties other than Real Market Experts and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold Real Market Experts harmless for any loss, misconduct, or unauthorized use of the Service; and
If any unauthorized use occurs, Real Market Experts may hold You, or any party that You have assigned, liable for any loss or damage that are a result of the breach of this Agreement.
You acknowledge and agree that:
- Your use of this Site and the Services , including any content You submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by Company in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that You owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Company or Company’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services except where expressly authorized by Company.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access Company Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Company may designate.
- You agree to back-up all of Your Lead information from voicemails or emails so that You can access and use it when needed. Company does not warrant that it backs-up any Account or User Content, and You agree to accept as a risk the loss of any and all of Your User Content.
- You will not re-sell or provide the Services for a commercial purpose, including any of Company’s related technologies, without Company’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that Company may from time-to-time call You about Your account, and that, for the purposes of any and all such call(s), You do not have any reasonable expectation of privacy during those calls; indeed You hereby consent to allow Company, in its sole discretion, to record the entirety of such calls regardless of whether Company asks You on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Company is a party.
Company reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
Service and Password Security
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under Your Service. You agree to immediately notify Real Market Experts of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
Real Market Experts reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs or is suspected within the system.
Real Market Experts will not be liable for any loss or damage arising from Your failure to provide us with accurate information or to keep Your password secure.
Pricing and Modifications to the Service
Real Market Experts will charge You a monthly or annual fee for the Service which will vary with the type of plan and actual Service rendered by Real Market Experts. All fees are subject to change at any time. We will notify You in advance of any fee changes.
Real Market Experts shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Real Market Experts may issue an update to the Real Market Experts application or back office which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Real Market Experts will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible.
A valid credit card is required to set up any type of Service with Real Market Experts and Company.
If You have agreed to monthly payments for Your Real Market Experts Service, You hereby authorize Real Market Experts to draw an annual or monthly automatic recurring payments from Your credit card, covering all monthly dues and all other applicable payments for Your Service. If You elect an annual payment option, Your payment for that year is charged upfront for Your Service. One year from the month of purchase You authorize Real Market Experts and/or Company to automatically charge the annual renewal for continued service. Thirty (30) days prior to the automatic renewal date, yearly subscribers can request in writing to convert their annual subscriptions to month-to-month subscriptions.
All month-to-month subscriptions to Real Market Experts Service will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
Real Market Experts and Company reserve the right to revoke access to Services if Your balance is overdue or invoices are not paid in full. If for any reason You default on Your contracted payment obligations, You hereby authorize Real Market Experts or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to Real Market Experts. You shall indemnify Real Market Experts for all collection or legal fees incurred by Real Market Experts in order to satisfy Your payment defaults.
As referenced above, if You have agreed to annual payments for Your Real Market Experts Service, You hereby authorize Real Market Experts to withdraw payments annually from Your credit card, covering the discounted annual fee and all other applicable payments for Your Service.
TERMINATION, CANCELLATION AND REFUNDS
The Company may refuse service, cancel orders, terminate accounts and/or terminate Your license to use this Site and/or the Products at any time in its sole discretion. Upon such termination, You shall immediately cease all use of this Site and/or the Products.
You may cancel any subscription purchased through this Site or by the Company by written notice to the Company. Unless earlier terminated by the Company, Your subscription shall remain active until the end of the paid subscription period, at which time Your license to use this Site and/or the Products shall automatically terminate. Unless cancelled in writing prior to the end of the subscription period, the Company shall continue to charge Your credit card on a monthly basis. There will be no partial refunds for cancellations of a subscription service if we receive notice after the first of the month. You will be allowed to continue to use the Digital software service through the end of the monthly billing cycle.
Refunds of any products or services purchased from this Site or from the Company are governed by the specific refund policies as set forth on this Site.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. You ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS You CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
GOVERNING LAW, JURISDICTION AND VENUE
MODIFICATION AND SEVERABILITY
Updated: November 13, 2015
We are committed to protecting Your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect Your information in order to record and support Your participation in the activities You select. If You register for a seminar, for example, the information is used to reserve Your seat, to track Your preferences, and to keep You informed about the seminar and related events.
As a visitor to our Sites, You can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask You to provide certain information about Yourself by filling out and submitting an online form. It is completely optional for You to engage in these activities. If You elect to engage in these activities, however, we may ask that You provide us personal information, such as Your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If You do not provide the mandatory data with respect to a particular activity, You will not be able to engage in that activity. In all cases, we will collect personal identification information from You only if You voluntarily submit such information to us.
When You use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from You to facilitate Your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying You or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us our our technology services provider by using “cookies” during Your visit. A cookie is small amount of data that is transferred to Your browser by a web server and can only be read by the server that gave it to You. It functions as Your identification card and enables us to record Your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set Your browser to notify You when You receive a cookie, giving You the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
We will share personal information with our partners, affiliates or other trusted businesses to market relevant educational products and services – including telephone solicitations. The trusted partners are bound by confidentiality agreements, and don’t have any independent right to share Your personal information. Students have the express right to limit (or eliminate) the sharing of information using the opt-out procedure described below. Also, please write to us to obtain a list of our trusted partners.
Further, the information You enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and Your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if You give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information You post in these forums. You disclose such information at Your own risk.