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Terms of Use Agreement |
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Welcome
to 1-800-SELL-NOW, operated by REI Marketing, L.L.C. ("the Licensor").
By using the 1-800-SELL-NOW Website and Service, (the "Service")
you agree to be bound by these Terms of Use (this "Agreement"),
whether or not you register as a member of 1-800-SELL-NOW
("Member"). If
you wish to become a Member and make use of the 1-800-SELL-NOW service (the
"Service"), please read these Terms of Use. If you object to anything in this Agreement or the 1-800-SELL-NOW
Privacy Policy, do not use the Website or the Service. The
Terms of Use are subject to change by Licensor at any time, effective upon
posting on the 1-800-SELL-NOW website, and your use of the Service after such
posting will constitute acceptance by you of such changes. |
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Acceptance of Terms of Use Agreement.
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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. |
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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. |
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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,P.O. BOX 6129, |
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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 on-line
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 Subscription Choices. (a) Semi-Annual Prepaid
Subscriptions: If you register for an Semi-Annual
Prepaid Subscription (if and when available) for real-time or end-of-day
versions (if available), you shall prepay all fees for six (6) consecutive
months at the specified price. Semi-Annual Prepaid Subscriptions are not
cancelable, and Semi-Annual Prepaid Subscription fees and commitments are
nontransferable. You must notify Licensor to discontinue your subscription at
least 30 days prior to the expiration of the Semi-Annual Prepaid
Subscription. If no notification is received, (i) your Semi-Annual Prepaid Subscription for real-time
service may, at Licensor's option, automatically renew as a Monthly
Subscription at the then current rates and, if you are paying by credit card,
you authorize such additional charges, and (ii) your Semi-Annual Prepaid
Subscription for the end-of-day version (if available) may, at Licensor's
option, automatically renew as a Semi-Annual Prepaid Subscription at the then
current rates and, if you are paying by credit card, you authorize such
additional charges. (b) Annual Prepaid
Subscriptions: If you register for an Annual Prepaid Subscription (if and
when available) for real-time or end-of-day versions (if available), you shall
prepay all fees for twelve (12) consecutive months at the specified price. Annual
Prepaid Subscriptions are not cancelable, and Annual Prepaid Subscription
fees and commitments are nontransferable. You must notify Licensor to
discontinue your subscription at least 30 days prior to the expiration of the
Annual Prepaid Subscription. If no notification is
received, (i) your Annual Prepaid Subscription for
real-time service may, at Licensor's option, automatically renew as a Monthly
Subscription at the then current rates and, if you are paying by credit card,
you authorize such additional charges, and (ii) your Annual Prepaid
Subscription for the end-of-day version (if available) may, at Licensor's
option, automatically renew as a Annual Prepaid Subscription at the then
current rates and, if you are paying by credit card, you authorize such
additional charges. (c) Monthly Subscriptions: If you register
for a Monthly Subscription, you will be required to make all payment amounts,
on a monthly basis, described in your Subscription registration,
as such payment amount may from time to time change. Any such changes may be made in Licensor's sole and absolute discretion
with or without advance notice. |
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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. |
1-800-SELL-NOW
LICENSE AGREEMENT
This
License Agreement (“Agreement”) is made and entered into by and among REI
Marketing, LLC, a
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:
- Rights
Granted.
(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.
- Territory.
The license to use
the Service granted hereby shall be exclusive, in the territory as
defined, and subject to the limitations and conditions, set forth in exhibit A.
(the Territory”), herby made a part hereof.
- Licensing Fees.
(a)
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. In the event Licensor is for any reason
precluded from providing the services and Technology at anytime for in excess
of 48 hours, the Licensee, upon written notice to Licensor, shall receive a
prorate credit of the Licensing fee for any such time in excess of 48
hours. If any payment by Licensee is
late, stopped, dishonored, or otherwise not paid to the Licensor, Licensor
shall be paid by Licensee an administrative fee (including reconnect expenses),
in addition to the monthly Licensing Fee in an amount equal to the greater of
fifty ($50) or (10%) percent of then current monthly Licensing Fee.
- Availability of
Service and Technology.
As
set forth in Exhibit A attached hereto and made a part hereof.
- 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.
- Proprietary
Rights.
(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.
- 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.
- Indemnification.
(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 advanced.
(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 advanced.
(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 ALLEDGED INACCURACY, UNTIMELINESS, INCOMPLETNESS, INADEQUACY,
UNMERCHANTABILITY OR UNFITNESS. LICENSEE
SHALL NOT MAKE ANY STATEMENT RESPECTING THE INFORMATION THAT IS CONTRADICTORY
TO OR INCONSISTANT WITH THE FOREGOING STATEMENTS.
- Confidential
Information.
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.
- 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.
(c) All visitors to any Licensor’s website are
subject to the Terms of Use contained in the respective website. In the event of any inconsistency or conflict
between this Agreement and the Website’s Terms of Use, the terms, conditions
and provisions of this Agreement shall govern and control
(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.
- Force Majeure
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.
- Government
Regulations
(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.
- Amendments.
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.
- Assignment.
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
.
- Consequential
Damages.
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.
- Notices.
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: REI
Marketing, LLC
401
Attention: Kent Clothier
To Licensee: Billing
Address on File
- 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
- Waiver.
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.
- Separability.
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.
- Entire
Agreement
This Agreement, including that attached
hereto as Exhibits A and B, 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.
EXHIBIT
A
To
1-800-SELL-NOW
LICENSE AGREEMENT
The
Territory shall, subject to the limitations and conditions herein, consist of
telephone calls originating from Telephone Area Codes/Prefixes in the Counties
listed on the corresponding Transaction Territory County List – as such
Telephone Area Codes and Prefixes are determined, from time to time, by
Licensee’s local telephone company wire center, which Telephone Area Codes and
Prefixes may be updated and changed, consistent with the determination of the
respective local telephone company wire center, by Licensor no more than
ninety(90) days – In some situations a county has been divided amongst more
than one territory. If a county listed
on the corresponding Territory County List ends with North, South, East, West,
or Central then the county has been divided amongst more than one territory.
Website
inquiries will be based on zip code and their corresponding county. 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 inquiries.
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