Terms of Use

Terms of Use

April 10, 2013


FREEHOMEOPINION and Subscriber (hereafter “Subscriber”).

RECITALS

FREEHOMEOPINION is a provider of real estate lead management software, real estate leads, and other real estate related technology solutions. Subscriber is a real estate agent or other professional that desires to utilize FREEHOMEOPINION products and services.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and benefits expressed herein, the parties agree as follows:

1. Definitions

The following definitions as used in this Agreement shall have the following meanings:

“Software” shall mean any and all software products provided by FREEHOMEOPINION for resale. This shall include, but not be limited to, the platform.

“FREEHOMEOPINION Leads” shall mean any and all leads sold or provided by FREEHOMEOPINION to Subscriber, and may include, but is not limited to Leads.

“Subscriptions” shall represent all products and services purchased from FREEHOMEOPINION by the Subscriber. Examples may include: a subscription to Leads.

“Billing Cycle” shall mean the period between invoices for products and services. Billing Cycles are elected by the Subscriber upon sign up and are either monthly or annual (12 months).

“Subscriber’s Credit Card” shall mean the credit card currently listed on the customer’s account. This will typically be the credit card that their initial payment was processed on after receiving billing authorization. Any exception to this would be when the Subscriber updates the credit card on their account via www.Freehomeopinion.com, app.Freehomeopinion.com or over the phone with one of our representatives. If Subscriber updates the credit card on the account, they are authorizing recurring payments on the updated credit card.

2. Limited Software License

FREEHOMEOPINION hereby grants a limited, non-exclusive, non-transferable, revocable license to use the Software subject to the terms and conditions set forth in this Agreement. This license permits the Subscriber to utilize this software only for its intended use, and Subscriber agrees not to utilize it for anything other than its intended use, and not to reverse assemble, reverse compile, otherwise translate or redistribute the Software. Subscriber agrees not to share, copy, or otherwise re-distribute the Software without the express written consent of FREEHOMEOPINION. The license granted hereunder provides that a copy of the Software may only be used by the Subscriber. Concurrent or simultaneous use on two or more computers is prohibited. Subscriber further agrees not to disseminate or disclose their account’s username or password, nor to allow anyone else to utilize their account for access to FREEHOMEOPINION systems.

3. FREEHOMEOPINION Leads

License. FREEHOMEOPINION hereby grants a limited, non-exclusive, non-transferable, revocable limited license to FREEHOMEOPINION Leads for which the Subscriber has purchased as part of his Subscriptions. This limited license permits the Subscriber to utilize FREEHOMEOPINION Leads for their individual purposes. Subscriber acknowledges that FREEHOMEOPINION Leads are FREEHOMEOPINION’s trade secret, proprietary information, and agrees not to share, copy, reproduce, or redistribute FREEHOMEOPINION Leads without the express written permission of FREEHOMEOPINION.

Disclaimer. FREEHOMEOPINION has made reasonable best efforts to ensure accurate information in all FREEHOMEOPINION Leads and data append services, and to provide it in a timely, accurate manner, including reliable acknowledgment of individuals listed on the National Do Not Call Registry. However, FREEHOMEOPINION assumes no responsibility for the accuracy of FREEHOMEOPINION Leads or any errors, misrepresentations, or inaccurate information contained therein. FREEHOMEOPINION provides this content “as is” and without warranties of any kind, either expressed or implied. Neither does FREEHOMEOPINION warrant uninterrupted, error free functionality for its Software and services.

Results or Outcomes. FREEHOMEOPINION makes no guarantee on the number of leads the Subscriber will receive or the results the Subscriber may receive from their Subscription from the service. Subscriber understands this and acknowledges that all sales are final and are nonrefundable.

4. Copyright and Intellectual Property Rights

Subscriber acknowledges and agrees that Software and FREEHOMEOPINION Leads are FREEHOMEOPINION trade secrets, and proprietary products and information protected under U.S. copyright and intellectual property laws. Subscriber further acknowledges and agrees that all rights, title and interest in and to the Software and FREEHOMEOPINION Leads, including any associated intellectual property rights, are and shall remain with FREEHOMEOPINION. This Agreement does not convey an interest in or to the Subscriber, but only a limited license revocable in accordance with terms of this Agreement.

5. Terms of Subscriptions

Subscriber authorizes FREEHOMEOPINION to invoice Subscriber and process the Subscriber’s Credit Card for payment according to Subscriber’s Billing Cycle. At the end of each Billing Cycle, the agreement shall automatically renew for an additional term equal to the original service plan until Subscriber cancels the service by providing written notice to FREEHOMEOPINION in accordance with Section 14 of this Agreement. In the event that FREEHOMEOPINION is not able to process payment from the Subscriber at the beginning of a renewal term, either because the Subscriber’s Credit Card has expired or for any other reason, FREEHOMEOPINION reserves the right to continue billing the Subscriber’s Credit Card until a payment has been made. If a payment is not made within 45 days of the bill date the account will automatically terminate. If the Subscriber wishes to reactivate their account at that point, they will be responsible for necessary reactivation fees. In the event that FREEHOMEOPINION is not able to process payment from the Subscriber at the beginning of a renewal term, FREEHOMEOPINION reserves the right to change annual to a monthly Billing Cycle at the then current Subscription rate.

6. Payment Information and Charges

Charges. FREEHOMEOPINION will charge Subscriber for the following items: Subscription Charge: recurring fee to receive services and limited use licenses for the Software and FREEHOMEOPINION Leads. This charge is determined by the Subscriber’s billing choices decided upon signup or as modified at their request. This charge is automatically billed at the beginning of each Billing Cycle. ALL SALES ARE FINAL: Once the payment has been processed, Subscriber is committed for the entire Billing Cycle Free Trials. Billing for free trials, regardless of length, will automatically start at the end of the trial unless the Subscriber cancels the trial one (1) business day prior to that bill date. Failure to cancel a trial prior to its end will not justify a refund.

7. Dialing, Texting and Emailing

Subscriber agrees to comply with all laws, ordinances, regulations, and requirements of local, provincial, and federal governmental authorities governing dialing, autodialing, automatic dialers, emailing, and SMS texting including but not limited to the following websites: www.ftc.gov - Federal Trade Commission, www.fcc.gov - Federal Communications Commission, www.donotcall.gov - National Do Not Call.

Subscriber agrees not to send any outbound sales calls, emails or text messages to recipients without an established business relationship or to consumers that have not consented to receiving such a broadcast. Subscriber agrees to provide the legally required contact information in any outbound campaign within the initial message. Subscriber agrees to use Do Not Call Registry (DNC) to remove Leads on the National Do Not Call Registry (DNC). Subscriber agrees to consult an attorney before dialing, emailing or texting any data for which Subscriber is unfamiliar, or if legalities of contact remain. Although FREEHOMEOPINION has made reasonable efforts to ensure accurate information in its Product and Website, including the reliable acknowledgment of individuals listed on the National Do Not Call Registry (DNC), FREEHOMEOPINION assumes no responsibility for the accuracy of the information. Do Not Call compliance is solely the responsibility of the Subscriber. FREEHOMEOPINION is not responsible for any subscriber misuse, intentional or unintentional, of any data provided, including DNC data.

FREEHOMEOPINION provides this product, service and website content “as is” and without warranties of any kind, either express or implied, to the fullest extent allowed by law. FREEHOMEOPINION further disclaims all other warranties, including the implied warranties of merchantability and fitness for a particular purpose. FREEHOMEOPINION does not warrant uninterrupted or error free functions contained in this product, service or website or its content or that the website or its server are free of viruses or other harmful components.

Subscriber agrees not to dial or text any life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.

8. Confidentiality and Non-Compete

Subscriber acknowledges that confidential information may be obtained during the course of doing business and over the term of this Agreement. This information may include operations and affairs of FREEHOMEOPINION, including particular methods and procedures used by it to conduct business, and agree that all records, data, materials, and all other information and equipment provided by FREEHOMEOPINION are the sole property of FREEHOMEOPINION and remain so after termination of this Agreement. Subscriber agrees to surrender all such information or material to FREEHOMEOPINION on demand or upon termination of this Agreement by either party.

Subscriber agrees that by subscribing to FREEHOMEOPINION services they will have received confidential information about FREEHOMEOPINION, and that for a period of 60 months, irrespective of cause of termination of said agreement, Subscriber will not engage either directly or indirectly, personally or by any agent, use, disclose, copy, reproduce, disseminate, or otherwise produce in oral, written or electronic fashion, to any person, firm, or corporation, the name, or by means of any corporate or other device, in any FREEHOMEOPINION lead. Nor will Subscriber use knowledge of the business for the benefit of themselves or other persons, or divulge information or data concerning FREEHOMEOPINION, including, customer names, prices, terms or particulars of FREEHOMEOPINION, whether by sale, gift, or any device, subterfuge or evasion. Subscriber will in good faith protect the goodwill of FREEHOMEOPINION.

9. Limitation of Liability

FREEHOMEOPINION shall not be liable for any claims relating to the Software or Lead Data and this Agreement, including any cause of action sounding in contract, tort, or strict liability. In any event, the liability of FREEHOMEOPINION shall not exceed the license fee paid to FREEHOMEOPINION for use of the Software. In no event shall FREEHOMEOPINION be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Subscriber, even if FREEHOMEOPINION has been advised of the possibility of such claims or demands.

10. Indemnification

Subscriber shall indemnify, hold harmless and defend the FREEHOMEOPINION and its respective employees, officers and directors from and against any and all damages, losses, liabilities, actions, proceedings (whether legal or administrative), demands and expenses (including but not limited to reasonable attorneys’ fees) threatened, asserted or filed by a third party against the FREEHOMEOPINION, relating to Subscriber’s account and/or relations with the FREEHOMEOPINION. By subscribing to FREEHOMEOPINION, Subscriber agrees not to disclose any assigned codes, including passwords and usernames to others. Subscriber also agrees not distribute the information contained in the product, service to any person or organization, by any means, printed electronic or other.

11. Force Majeure

Subscriber acknowledges that in certain circumstances matters outside of FREEHOMEOPINION’s, reasonable control may happen that will cause a disruption of service; including, without limitation, labor disturbances, Force Majeure, failure of a communications carrier to provide lines or service, governmental regulations or interference, accidents, fires, explosions, terrorism or from any other similar or dissimilar cause. FREEHOMEOPINION will not be held responsible for interruptions to its Software or services

12. Survivorship

All warranties, representations, indemnities, covenants and other agreements of the parties hereto shall survive the execution, delivery and termination of this Agreement. This Agreement shall insure to and bind the successors and assigns of the respective parties hereto.

13. Governing Law

This Agreement shall be deemed to have been executed in the State of California and shall be interpreted and construed according to the laws of the State of California, without giving effect to any conflict of laws’ provisions. The parties hereby consent to the jurisdiction of the federal and state courts located in the State of California.

14. Termination

FREEHOMEOPINION reserves the right to terminate service for any Subscriber at any time at its sole discretion. Subscriber may terminate their Subscriptions at any time by emailing Customer Support rep at admin@freehomeopinion.com or mailing in a written cancellation request to the FREEHOMEOPINION Corporate Office. In order to avoid a renewal of the Subscription term the written correspondence must be received at least one (1) business days prior to the beginning of their next Billing Cycle. Failure to cancel the account prior to the end of the Billing Cycle will not justify a refund. Subscriber understands that all sales are final and that once a payment has been processed, they are committed for the entire Billing Cycle. Subscriber understands that they are paying for access to the program for the time committed. Not using the account does not justify a refund as having access to the program incurs certain fixed costs on FREEHOMEOPINION.

Subscriber acknowledges that FREEHOMEOPINION does not guarantee 100% accuracy of results but has made reasonable best efforts to ensure accurate information. Refer to Section 3, Article 2. Therefore, Subscriber understands there is no expectation of refunds due to inaccuracy of data. In the event that FREEHOMEOPINION is unable to resolve technical issues, Subscriber may terminate service at anytime with no expectation of a refund of fees.