Terms of Service
Last Modified Date: October 26, 2016
Enrollment in the Program
To be enrolled, you will complete a sign-up form via a link sent to you that leads to a form on our site. Once the form is completed and submitted you will be automatically enrolled in our Program.
Terms of the Agreement
Your participation in the Program will begin upon completion of the sign-up form and will end when terminated by either party. We reserve the right to terminate your participation in the Program for any reason.
As used in the Agreement, the term “Lead” means a potential real estate or mobile home seller’s contact and home information, submitted by users via our network of web sites and delivered to participants via e-mail, phone, custom and/or other delivery methods. Each lead may be sent to other participants but according to negotiations may be exclusive to you.
You understand that each lead is NOT guaranteed to be a profitable prospect. This is a request for information and/or a real estate or mobile home for sell.
Delivery of the Leads
We will be responsible for sorting out and delivering to you leads, submitted via our network of web sites, in accordance with your lead requirements and this Agreement. Leads sent to e-mails, phones, custom and/or other delivery methods provided by you shall be deemed to have been delivered to you whether actually received or not. You agree to reply to the leads in a timely manner.
We make no express or implied warranties or representations with respect to the Program or to the leads delivered through the Program including, without limitation, warranties as to the results that may be obtained from your participation in the Program or the use of the leads. The leads are provided “AS IS”, with no warranties whatsoever, unless otherwise expressly stated in this Agreement.
We only collect information from prospective real estate and mobile home sellers via our network of web sites and transfer it to you. You agree that we cannot and do not guarantee the accuracy, reliability or content of any information submitted by the prospects.
In addition, we specifically disclaim any warranty that the operation of our web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Limitation of Liability
We shall not be liable for any indirect, special, incidental or consequential damages arising in connection with this Agreement or the Program, including without limitation, any loss of profits or business interruption, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with the Program will not exceed the total lead generation fees paid or payable to us.
You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against us, that may arise or result from any action taken, or any service performed or agreed to be performed by you, your agents or employees to any person in response to or in connection with any lead delivered to you through the Program.
Representations and Warranties
You hereby represent and warrant to us as follows:
a. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject.
You acknowledge that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any verbal conversations, other communications, and previous agreements, if any.
You agree that we may modify our Program or change the terms of this Agreement, in whole or in part, at any time in our sole discretion. You will be notified by email and a change notice will be posted on our site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our sending of a change notice will constitute binding acceptance of the change.
You may not transfer your account or assign this Agreement, by operation of law or otherwise, to any other person or entity, without our prior written consent. Any such attempted assignment or transfer shall be void and without effect.
This Agreement will be governed by the laws of the State of Arizona, without reference to rules governing choice of laws.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
Your submission into this Program confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you understand the terms of this Agreement.
Should you have any questions concerning this Agreement please do not hesitate to contact us.