Purchase and Hold Harmless Agreement
Purchase and Hold Harmless Agreement
1. Definitions. As used herein, the following terms shall have the following meanings:
(a) “Digital Course Fee” shall mean the fees MAA charges for the Uncensored REO Secrets 2.0 Digital Course.
(b) “Member” shall mean each individual that purchases any of the Services through this website and is current on his or her Membership Fees.
(c) “Membership” shall mean the right, conditioned upon timely payment of all Membership Fees and strict adherence to this Agreement, to full access of any of the Services described below.
(d) “Membership Fees” shall mean both the Digital Course Fee and the Monthly Fees, as well as all other fees due under this Agreement.
(e) “Monthly Fees” shall mean any of the fees MAA charges (excluding the Digital Course Fee) with for any of the Services that MAA and/or REO provides You on an ongoing basis.
(f) “Millionaire Agent Academy” or “MAA” shall mean both Millionaire Agent Academy, LLC and REO Rockstars, LLC, as well as the subsidiaries, affiliates, employees, contractors, attorneys, officers, agents and directors of each. Any reference to either Millionaire Agent Academy or MAA shall also refer to REO Rockstars, LLC.
Notwithstanding the foregoing, You understand, acknowledge and agree that Millionaire Agent Academy, LLC and REO Rockstars, LLC are separate and distinct legal entities. When used herein, the term “MAA” is intended to refer to both entities purely for the sake of convenience. MAA and REO are strictly independent contractors of one another, and nothing contained herein or otherwise shall make one entity the authorized agent of the other. Under no circumstances shall one entity be held responsible for the acts or omissions of the other entity.
(g) “Services” shall mean all Digital Programs, services, subscriptions, classes, coaching, consulting and other services, either presently or in the future, offered, marketed or provided by MAA or REO through the Site; such Services shall include, but not be limited to, Uncensored REO Secrets, Uncensored REO Secrets 2.0, the Graduate Program, and REO Rockstars Mastermind Society. Any future Services created, marketed or offered by MAA shall automatically be governed by the terms of this Agreement, regardless of whether such Services are specifically referenced in Section 2 below or otherwise in this Agreement.
(h) “Site” shall mean REO’s website located at www.reorockstars.com and/or MAA’s website located at www.millionaireagentacademy.com, as well as any other website owned or operated by MAA, its subsidiaries or affiliates.
(i) “Supplemental Materials” shall mean any and all educational, training, promotional, sales, or other materials provided to You by MAA and/or REO through the Site, the Services, the Digital Programs or otherwise.
(a) Uncensored REO Secrets 2.0 Digital Course. By selecting the Uncensored REO Secrets 2.0 Digital Course, You are agreeing to pay (i) $291 for the digital course itself (in addition to the $29.00 shipping and handling fee for supplemental materials) (the “Digital Course Fee”), and (ii) $67 per month (the “Monthly Fees”) for Your Membership in the Graduate Program (as defined below) (collectively, the “Membership Fees”). By enrolling in the Uncensored REO Secrets 2.0 Digital Course, You are also agreeing to be automatically enrolled into and charged for the Graduate Program, as further defined below. You will automatically be charged the Monthly Fees below unless and until to cancel your Membership in accordance herewith.
(b) Graduate Program. The Graduate Program consists of membership in REORockstars.com, including access to and participation in the REO Rockstars Mastermind Society (as detailed below), access to pre-recorded graduate informational Q&A calls, access by telephone to support for any real estate related informational answers to questions and technical and billing issues, and email access to MAA’s personnel for further informational communication. You may also request telephone informational conversations with MAA’s personnel at no additional charge. You also are entitled to participate in weekly REORockstars group informational Q&A calls with Mike Costigan and other members after You have been a member for thirty (30) days. The Monthly Fees shall commence thirty (30) days from the date of purchase and shall continue on a monthly basis thereafter. Your Membership will continue every month until You cancel in accordance with this Agreement. You authorize us to automatically charge Your credit card monthly for the Monthly Fees. You may cancel at any time by simply notifying us by phone at (404) 424-8418 or by email at firstname.lastname@example.org.
(c) REO Rockstars Mastermind Society. By selecting the REO Rockstars Mastermind Society and paying a fee of $1.00, You are enrolling in the REO Rockstars Mastermind Society on a an initial term of fourteen (14) days. After the initial fourteen (14) days (if You do not cancel in accordance herewith), You will be automatically enrolled as a Member, and the associated Monthly Fees of $67 per month will be automatically billed to Your credit card on file. You may also choose at the time of Your enrollment to pay reduced Monthly Fees on an annual basis. You may cancel at any time by simply notifying MAA via email at email@example.com. While a Member, You are also entitled to a free Membership in our Facebook REO Rockstars Mastermind Group where You will have access to informational Q&A calls and/or webinars. Note that such calls and webinars are randomly scheduled with no guaranteed availability or minimum number of offerings. You will also have access by group message or instant message to our personnel for any real estate related answers to questions.
4. Payment. For access to and use of the Services, You agree to pay the amounts set forth above for the number of users for which You are purchasing a license. You hereby acknowledge and agree that the Digital Course Fee and Monthly Fees are payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether You use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from Your use of the Services. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from You.
5. Email Notifications. You will receive email notification of the call schedules and access information after You have been a Member for thirty (30) days. If You do not receive such emails within such timeframe, please contact customer support.
6. Refunds. If You believe any of the MAA Services You purchased are not worth the purchase price, You may, conditioned upon the requirements of this Section, receive a full refund of monies actually paid to MAA. Under no circumstances will MAA refund monies in excess of what You actually paid MAA. Should you so request any refund, your license to use the Services and Supplemental Materials shall be immediately revoked. Additional refund Conditions for individual Services are provided below.
(a) Uncensored REO Secrets 2.0 Digital Course. All Uncensored REO Secrets 2.0 refund requests must be made within (60) days of Your purchase date in accordance herewith. To request a refund, please contact MAA via telephone to obtain a return merchandise authorization number (RMA#) to return your free Supplemental Materials. While your Supplemental Materials are free for your use during the term of your enrollment, they must be returned if your enrollment is terminated in order to receive a refund. We will not accept return requests via email. Once You receive an RMA#, You must (a) place all Supplemental Materials in a prepaid envelope (MAA does not refund any shipping and handling costs associated with Your return of the free Supplemental Materials; nor does MAA refund the initial $29 shipping charge incurred from MAA’s initial shipment of the Supplemental Materials), (b) clearly note the RMA# on the shipping label, and (c) return all such Supplemental Materials to:
1180 Red Town Road
Elgin, TX 78621
Upon our confirmation that all Supplemental Materials have been received, we will issue Your refund. All Supplemental Materials must be received by us no later than sixty (60) days from the original order date; a refund will not be issued if MAA receives the Material after such date.
(b) REO Rockstars Monthly Graduate Program. The first thirty (30) days of Your Membership in REORockstars monthly Graduate Program (including Site access) is free of additional charge. Following the first thirty (30) days, Your credit card on file will be automatically charged $67 month until You cancel in accordance with this Agreement. You may cancel Your monthly Membership at any time and, upon request, receive a refund for the two (2) most recent months of REORockstars monthly graduate Monthly Fees. All cancellation and refund requests must be emailed to firstname.lastname@example.org. No Graduate Program refunds will be issued via telephone. You must provide the date of the Monthly Fees for which You are requesting a refund in Your request for cancellation of graduate membership.
(c) REO Rockstars Society. The first fourteen (14) days of Your Membership in REO Rockstars Society costs $1.00. Following the first fourteen (14) days, Your credit card on file will be automatically charged $67 month until You cancel in accordance with this Agreement. You may cancel Your monthly Membership at any time and, upon request, receive a refund for the two (2) most recent months of REO Rockstars Society Monthly Fees. All cancellation and refund requests must be emailed to email@example.com. No REO Rockstars Society refunds will be issued via telephone. You must provide the date of the Monthly Fees for which You are requesting a refund in Your request for cancellation of REO Rockstars Society membership.
7. Products. In addition to the foregoing, You acknowledge and agree that the terms of this Agreement shall also apply to any and all Products you purchase from or through MAA, REO or this Site, including, but not limited to, e-books, PDFs, videos, Supplemental Materials and any other products provided by any of the foregoing (collectively, the “Products”).
10. Modifications and Changes to Services, Digital Programs, and/or Site. The software, content, availability and access and all other features, attributes or aspects of the Services, Digital Programs, and Site are subject to change, modification, additions or deletions at any time without notice in MAA’s or REO’s sole discretion, as the case may be.
13. Prohibited Activities. You may not modify, reverse engineer, or decompile the Site, Services, Supplemental Materials, or Digital Programs, or create derivative works based on any of the foregoing. You may not distribute, rent, lease, sell, license, or otherwise transfer any Supplemental Materials or contents thereof to any other person or entity or make any other commercial use of the Services and/or Digital Programs except as provided for in this Agreement.
(A) General. YOUR USE OF REOROCKSTARS.COM, THE REO MASTERMIND SOCIETY (INCLUDING THE FACEBOOK GROUP THEREOF), THE GRADUATE PROGRAM, THE SUPPLEMENTAL MATERIALS, THE SITE AND PARTICIPATION IN CALLS IS OPTIONAL, HOWEVER, YOU ARE STRONGLY ENCOURAGED TO PARTICIPATE. NOT PARTICIPATING IN THE CALLS OR VOLUNTARILY NOT ACCESSING AND UTILIZING THE RESOURCES ON REOROCKSTARS.COM OR NOT REACHING OUT TO SUPPORT OR TO MIKE COSTIGAN FOR INFORMATION DOES NOT CONSTITUTE YOUR "NOT PARTICIPATING IN" OR "NOT RECEIVING REOROCKSTARS GRADUATE PROGRAM MEMBERSHIP" FOR THE PURPOSE OF REFUNDS. YOU ARE ACCEPTING THE MEMBERSHIP AND AGREEING TO THE TERMS OF THE MEMBERSHIP AND WE ARE OFFERING YOU WHAT WE BELIEVE TO BE OF GREAT VALUE IN GOOD FAITH. MANY MEMBERS USE THE RESOURCES IN DIFFERENT WAYS. SOME RARELY USE THEM AND SOME USE THEM FREQUENTLY. SOME DON'T USE THEM AT ALL. WE WOULD NEVER INSULT YOUR INTELLIGENCE BY TELLING YOU THAT YOU WILL MAKE MONEY. MOST PEOPLE LOSE MONEY ON INFORMATIONAL PROGRAMS LIKE THESE. ALL PEOPLE ARE DIFFERENT. WE CANNOT AND DO NOT GUARANTEE SUCCESS. WE ASSUME THAT YOU ARE AN INTELLIGENT PERSON AND THAT YOU UNDERSTAND THIS ALREADY BUT WE LIKE TO BE TRANSPARENT ABOUT OUR OFFERINGS. IF YOU CANNOT AFFORD TO LOSE MONEY THEN DON'T PURCHASE ANY SERVICES. WE WANT YOU TO GET THE MOST OUT OF THE DIGITAL COURSE AND THE GRADUATE PROGRAM AND WE BELIEVE THAT THERE IS A SIGNIFICANT VALUE IN ACTUALLY UTILIZING ALL OF THE RESOURCES THAT YOU ARE PAYING FOR AS FREQUENTLY AS NEEDED. PLEASE BE SURE TO USE THE SITE RESOURCES AND GET ON THE CALLS AND ASK QUESTIONS. WE TRULY WANT YOU TO GET THE MOST THAT YOU CAN OUT OF YOUR DIGITAL COURSE AND REOROCKSTARS MONTHLY GRADUATE MEMBERSHIP. THE REST IS UP TO YOU.
(b) Disclaimer of Representations and Warranties. You understand and agree that real estate is an inherently local industry, and each local market differs from the next. MAA cannot advise on the particularities of Your local market (including, but not limited to, whether housing prices are rising or falling, whether REO and/or foreclosures are advisable investments, etc.) It is Your responsibility to research and determine for Yourself (including the use of local and/or regional experts) whether or not the subject matter of any Service either owned or marketed by MAA would be suitable and/or profitable for You. While at some times and in some markets, places or business environments, the Services and/or Digital Programs may be profitable, in others they may not. MAA makes no covenants, representations, warranties or guarantees as to the suitability or profitability of the Services and/or Digital Programs. You should consider all statements made by representatives of MAA to be statements of opinion and You should not rely on those opinions in making Your decision to purchase any such Services and/or Digital Programs. MAA makes no covenants, certifications, or promises of any financial gain from Your use of the Services and/or Digital Programs, and expressly disclaims any guaranties of any reward whatsoever, financial or otherwise, from (a) Your purchase or use of the Services and/or Digital Programs; or (b) any advice You might receive as a result of any sort of coaching or consulting embodied in any of the Services and/or Digital Programs. Results in testimonials are not typical. Individual results vary. All content is for informational purposes only.
THE SERVICES AND DIGITAL PROGRAMS ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. MAA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. MAA DOES NOT WARRANT THAT THE SERVICES AND/OR DIGITAL PROGRAMS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES AND/OR DIGITAL PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES AND/OR DIGITAL PROGRAMS WILL BE CORRECTED. MAA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES AND/OR DIGITAL PROGRAMS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES AND/OR DIGITAL PROGRAMS. MAA IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
(c) No Affiliation. Neither MAA nor REO is an accredited university or school; nor is either a school of any kind at all. Millionaire Agent Academy is an independent for-profit informational programs and services marketing company. Neither Millionaire Agent Academy, LLC nor REO Rockstars is affiliated with or endorsed by Your brokerage or by any bank, financial institution, asset management company, government agency or any type of business that manages real estate owned (REO) properties or distributes them as listing assignments.
15. Limitation of Liability. IN NO EVENT SHALL MAA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES AND/OR DIGITAL PROGRAMS, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF MAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MAA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MAA IN THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
16. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by MAA if You are dissatisfied for any reason with the Services and/or Digital Programs is to terminate this Agreement as provided herein and obtain a refund in accordance with Section 6 above.
17. Term and Termination. The term of this Agreement shall commence: (i) For single seat direct purchases via web or phone the term begins at time of purchase; (ii) For subscriptions purchased via activation code, including, via promotion, resellers or multi-seat purchases, the term begins upon activation of the first activation or thirty (30) days from the date of purchase, whichever occurs first.
18. Choice of Law, Venue and Jurisdiction. This Agreement is entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in Fulton County, Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.
19. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of MAA and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between You, and MAA may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth (5th) day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES AND/OR DIGITAL PROGRAMS.