TERMS AND CONDITIONS
Real Estate Leads (R629 Enterprises Ltd) Terms and Conditions Contract
You must accept the terms of this agreement in order to use the services. By using these services, you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained herein. Real Estate Leads (R629 Enterprises Ltd) reserves the right to change or modify the terms and conditions in this agreement from time to time at its sole discretion. Changes may apply to existing users, new users, or both. Changes or modifications will be effective when posted on the Real Estate Leads (R629 Enterprises Ltd) Web Site. By continuing to use the services following Realtors®’s posting of revised terms and conditions you will constitute your acceptance of those revisions.
1. Payment Terms
Payment to Real Estate Leads (R629 Enterprises Ltd) consists of two phases: (i) one single setup fee paid at the time of your walk-through for the services, (ii) monthly term payments recurring each month until you explicitly request termination of your use of the services. Account setup completed where the realtor does not move forward are charged a $200 setup fee. All leads received must be paid for. Any overdue accounts will be collected on in full. The number of leads received each month will fluctuate. If necessary we reserve the right to roll the leads, in excess of the guaranteed number for the applicable package, into following months in order to top up a deficit.
2. Termination
If you terminate your receipt of the services, Real Estate Leads (R629 Enterprises Ltd) will not refund you any fees paid in advance of such termination (including setup fees) and you shall be required to pay 100% of Real Estate Leads (R629 Enterprises Ltd)’s standard term charge for the current month remaining in your term. If Real Estate Leads (R629 Enterprises Ltd) terminates this agreement, Real Estate Leads (R629 Enterprises Ltd) will refund to you the pro-rated portion of prepaid fees attributable to the services (excluding setup fees) not yet rendered. Request for Cancelation of an account must be submitted in writing no later than 15 business days prior to your account renewal date. If termination is not requested your account will renew and you will be responsible in full for said month of service. Buyer & Seller leads systems have a three-month minimum term early cancelation would be charge out at $200 a month for the remaining months left in the term.
3. Taxes or Other Charges
You agree to pay for all charges attributable to your use of the services at the then current Real Estate Leads (R629 Enterprises Ltd) prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal or local sales, excise, duty or other taxes assessed with respect to the services, other than taxes based on Real Estate Leads (R629 Enterprises Ltd)’s net income.
4. Payment Methods
All charges for services must be paid in advance according to the then current prices applicable to the services. Upon entering this agreement, you must submit valid payment via VISA, Mastercard Amercian Express or Paypal. Payments are transferred by PayPal from your account into a Real Estate Leads (R629 Enterprises Ltd) account, and accordingly, Real Estate Leads (R629 Enterprises Ltd) does not have the ability to view, receive, store, or access any payment information including, but not limited to, credit card numbers, credit card billing addresses, account numbers, or expiration dates. You are responsible for updating your Payment information and expiration dates (VISA, Mastercard, American Express) and/or PayPal account as required with any changes to your account information (including, but not limited to, changes to credit card company, credit card number, expiration dates, or billing address) such that the account remains active and your obligations to Real Estate Leads (R629 Enterprises Ltd) payments and/or subscriptions are fulfilled without interruption. Your failure to pay any fees within one (1) day after the applicable due date will be deemed a material breach of this agreement, and Real Estate Leads (R629 Enterprises Ltd) may, in addition to any other remedy, suspend its performance of the services and/or terminate this agreement.
5. Investigation of Violations
Real Estate Leads (R629 Enterprises Ltd) may investigate any reported or suspected violation of this agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties.
6. Actions
Real Estate Leads (R629 Enterprises Ltd) reserves the right to restrict or remove from its servers any content that violates this agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this agreement, any related policies or guidelines, third party rights or laws, Real Estate Leads (R629 Enterprises Ltd) may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the service, or (c) disabling or removing any hypertext links to third party Web sites, or other content not supplied by Real Estate Leads (R629 Enterprises Ltd) which, at Real Estate Leads (R629 Enterprises Ltd)’s sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Real Estate Leads (R629 Enterprises Ltd) to civil or criminal liability or public ridicule. It is Real Estate Leads (R629 Enterprises Ltd)'s policy to terminate repeat infringers. Real Estate Leads (R629 Enterprises Ltd)’s right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the services. If Real Estate Leads (R629 Enterprises Ltd) takes corrective action due to such possible violation, Real Estate Leads (R629 Enterprises Ltd) shall not be obligated to refund to you any fees paid in advance of such corrective action.
7. Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect Real Estate Leads (R629 Enterprises Ltd)'s systems and customers, or to ensure the integrity and operation of Real Estate Leads (R629 Enterprises Ltd)'s business and systems, Real Estate Leads (R629 Enterprises Ltd) may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Real Estate Leads (R629 Enterprises Ltd)’s servers and systems. Real Estate Leads (R629 Enterprises Ltd) also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
8. Intellectual Property Rights
All materials, including but not limited to any computer software, data or information developed or provided by Real Estate Leads (R629 Enterprises Ltd) or processes used by Real Estate Leads (R629 Enterprises Ltd) to provide the services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Real Estate Leads (R629 Enterprises Ltd). Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden.
9. Customer and/or Third Party Acts
Real Estate Leads (R629 Enterprises Ltd) is not responsible in any manner for any non-confirming services to the extent caused by you or your customers. In addition, Real Estate Leads (R629 Enterprises Ltd) is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Real Estate Leads (R629 Enterprises Ltd) 's reasonable control.
10. No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Real Estate Leads (R629 Enterprises Ltd) UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT Real Estate Leads (R629 Enterprises Ltd) EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Real Estate Leads (R629 Enterprises Ltd)'s COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Real Estate Leads (R629 Enterprises Ltd) DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Real Estate Leads (R629 Enterprises Ltd) DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT
11. Your Warranties and Representations to Real Estate Leads
You warrant, represent, and covenant to Real Estate Leads (R629 Enterprises Ltd) that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this agreement; (c) you will use the services only for lawful purposes and in accordance with this agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
12. Limitation and Exclusion of Liability
IN NO EVENT SHALL Real Estate Leads (R629 Enterprises Ltd) HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Real Estate Leads (R629 Enterprises Ltd), DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Real Estate Leads (R629 Enterprises Ltd) SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Real Estate Leads (R629 Enterprises Ltd) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Real Estate Leads (R629 Enterprises Ltd) TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Real Estate Leads (R629 Enterprises Ltd) BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Real Estate Leads (R629 Enterprises Ltd) UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Real Estate Leads (R629 Enterprises Ltd) FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Interruption of Service
You hereby acknowledge and agree that Real Estate Leads (R629 Enterprises Ltd) will not be liable for any temporary delay, outages or interruptions of the services. Further, Real Estate Leads (R629 Enterprises Ltd) shall not be liable for any delay or failure to perform its obligations under this agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
14. Maintenance & Upgrades
You hereby acknowledge and agree that Real Estate Leads (R629 Enterprises Ltd) reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Real Estate Leads (R629 Enterprises Ltd) will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
15. Indemnification
You will defend, indemnify and hold harmless Real Estate Leads (R629 Enterprises Ltd) and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this agreement and performance of the services by Real Estate Leads (R629 Enterprises Ltd); or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
16. Personal Information
Real Estate Leads (R629 Enterprises Ltd) agrees that all customer information collected from the client will be used only to provide services and fulfill the obligations of this agreement. Real Estate Leads (R629 Enterprises Ltd) will not sell, lend, rent, or otherwise distribute customer information to third parties or advertisers. Real Estate Leads (R629 Enterprises Ltd) may contact you occasionally via e-mail, telephone, or land mail, as reasonably required to provide our services or to inform you of changes or new features added to our services. Real Estate Leads (R629 Enterprises Ltd) will not send you unsolicited E-mail, telephone queries, or land mail that is unrelated to the services we are providing to you under the terms of this agreement.
17. Disputes
This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The parties hereto further agree that the Courts of British Columbia shall have the sole jurisdiction to entertain any action or other legal proceeding based on any provision of this agreement and each party does hereby attorney and irrevocably submit to the exclusive jurisdiction of the Courts of the Province of British Columbia.
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Testimonials
You've made it quick and easy for me to generate leads on prospective clients in my area, and I love the fact I've got them exclusively. Am I selling more homes? You bet I am!