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Purchase & Hold Harmless Agreement
- Definitions. As used herein, the following terms shall have the following meanings:
- “Agent On Fire Fee” shall mean the fees MAA charges for the Agent On Fire Blaze Monthly Newsletter, the supplemental weekly videos and email access for questions on an ongoing basis, upon the terms set forth in Section 2 hereof.
- “Member” shall mean each individual that purchases any of the Services, through this website and is current on his or her Membership Fees.
- “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.
- “Membership Fees” shall mean both the Agent On Fire Fee and the Monthly fees, as well as all other fees due under this Agreement.
- “Monthly Fees” shall mean any of the fees MAA charges (excluding the Agent On Fire Fee) for any Services that MAA and/or AOF provides You on an ongoing basis.
- “Millionaire Agent Academy” or “MAA” shall mean both Millionaire Agent Academy, LLC and Agent On Fire, 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 Agent On Fire, LLC.Notwithstanding the foregoing, You understand, acknowledge and agree that Millionaire Agent Academy, LLC and Agent On Fire, 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 AOF 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.
- “Services” shall mean all Services, Products and Digital Programs, subscriptions, classes, coaching, consulting and other services, either presently or in the future, offered, marketed or provided by MAA or AOF through the Site; such Services shall include, but not be limited to, The Agent On Fire Blaze physical newsletter subscription, the supplemental videos and access to the Agent On Fire creator for questions and answers about related content via email. Any future Services created, marketed or offered by MAA and/or AOF shall automatically be governed by the terms of this Agreement (excepting fee and payment terms), regardless of whether such Services are specifically referenced in Section 2 below or otherwise in this Agreement.
- “Site” shall mean AOF’s website located at agentonfire.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.
- “Supplemental Materials” shall mean any and all educational, training, promotional, sales, or other materials provided to You by MAA and/or AOF through the Site, the Services, Products and Digital Programs or otherwise.
- The Agent On Fire Blaze Monthly Newsletter. By selecting the Agent On Fire Blaze Monthly Newsletter, You are agreeing to pay (i) the Agent On Fire Fee in the amount of $97 per month, per user, for Your subscription. Your subscription consists of the newsletter delivered to You monthly, weekly video tips and access to the Agent On Fire creator for questions and answers about related content via email. (ii) You are also agreeing to be automatically charged the Agent On Fire Fee described in this paragraph unless and until You cancel Your Membership in accordance herewith, and You agree to allow MAA to process each monthly payment through the credit card(s) that You provide. You may cancel Your subscription at any time by calling MAA at (404) 424-8418 or by sending an email to email@example.com. Your cancellation will stop future billing for Your subscription, beginning on the next scheduled billing date following the date of cancellation. You will not under any circumstances receive a refund of any payment previously made by You pursuant to this Agreement.
- 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 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.
- Email Notifications. You will receive email notification from MAA from time to time, especially after purchases. If You do not receive such emails as expected, please contact customer support.
- No Refunds. YOU WILL NOT UNDER ANY CIRCUMSTANCES RECEIVE A REFUND OF ANY PAYMENT MADE BY YOU PURSUANT TO THIS AGREEMENT. You may cancel Your subscription at any time in accordance with the terms of Section 2 hereof.
- In addition to the foregoing, You acknowledge and agree that the terms of this Agreement shall also apply to any and all Services, Products and Digital Programs you purchase or download from or through MAA, AOF 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”).
- Non-Disparagement. You agree to refrain from disparagement, criticism, defamation or slander of MAA, including the employees, officers, directors, agents, affiliates, products and/or services of each. You agree that a violation or threatened violation of this Section will result in immediate and irreparable harm to MAA, and in such case, MAA shall be entitled to seek from any court of competent jurisdiction, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
- Media and Promotional Materials. (a) During the Term of the Agreement, you agree that MAA may use in all media, whether physical or digital, currently existing or later developed (“Media”) throughout the world any materials provided by You to MAA, including, without limitation, photographs, video, audio and voice recordings, letters, emails and text messages, reviews and other testimonials, and similar materials (“Promotional Materials”), which may contain your picture, photograph, image, name, likeness, voice, or other indicia of identity (“Persona”) for the advertising, marketing, promotion and publicity of MAA products and services. (b) Upon termination of this Agreement, You grant to MAA the non-exclusive right in perpetuity to use in all Media, Promotional Materials and Your Persona in connection with marketing efforts for the benefit of MAA.
- 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 AOF’s sole discretion, as the case may be.
- United States Citizens Only. The Site, the Agent On Fire Blaze Monthly Newsletter, as well as all other products, materials and services created, sold, and/or otherwise disseminated by AOF are made available only to United States’ citizens or permanent resident aliens, and access thereto is strictly forbidden to any European Union (EU) citizen.
- Representations and Warranties. You here by represent and warrant that you (a) are legally within the jurisdiction of the United States; (b) are a U.S. citizen or permanent resident alien; (c) You are not a resident of the European Economic Area (EEA); and (d) You are not accessing this site from within the EEA. If You are an EU citizen, you are directed to immediately leave the Site and are forbidden from accessing the Site, Content, products, services and materials. Furthermore, if You are an EU citizen, You are forbidden from sending, and are explicitly directed not to send, any personal or other data or information to AOF and/or its affiliates.
- General Data Privacy Regulation (GDPR). The GDPR took effect on May 25, 2018 and is intended to protect the data of European Union (EU) citizens. Although AOF markets its Site, Content, products, materials and/or services online, we do not specifically target our marketing to the EU, nor do we conduct business in or to the EU in any meaningful way. If you nevertheless ignore this warning and are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.” To make any of these requests, please contact our GDPR contact at firstname.lastname@example.org.
- Prohibited Activities. You may not modify, reverse engineer, or decompile the Site, Content, Services, Supplemental Materials, or Services, Products and Digital Programs, or create derivative works based on any of the foregoing. You may not distribute, rent, lease, sell, license, or otherwise transfer any Services, Products and Digital Programs or Supplemental Materials or contents thereof to any other person or entity or make any other commercial use of the except as provided for in this Agreement.
- General. Your use of the site, Content, the aof facebook group, the agent on fire blaze monthly newsletter, video tips and supplemental materials and services, the Supplemental Materials, and participation in email question and answer is optional, however, You are strongly encouraged to participate. Not participating in the email assistance or voluntarily not accessing and utilizing the resources on the site or not reading and using the information in the agent on fire blaze monthly newsletter and supplemental materials and services, or not reaching out to support or to Mike Costigan for information does not constitute Your “not participating in” or “not receiving the agent on fire blaze membership”. 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 and services 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 or download ANY products or SERVICES. We want You to get the most out of the agent on fire balze monthly newsletter subscription 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 ask questions. We truly want You to get the most that You can out of Your agent on fire blaze monthly newsletter. The rest is up to You.
- 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, soliciting and/or taking on listings and/or buyer clients, spending money and time on marketing or spending time and money in real estate at all, etc. 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, Products and Digital Programs and/or Supplemental Materials 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, Products and Digital Programs and/or Supplemental Materials that you receive. 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, Products and Digital Programs or to use any Supplemental Materials. MAA makes no covenants, certifications, or promises of any financial gain from Your use of the Services, Products and Digital Programs and/or Supplemental materials and expressly disclaims any guaranties of any reward whatsoever, financial or otherwise, from (a) Your purchase or use of the Services, Products and Digital Programs and/or Supplemental materials; or (b) any advice You might receive as a result of any sort of coaching or consulting embodied in any of the Services, Products and Digital Programs and/or Supplemental Materials. Results in testimonials are not typical. Individual results vary. All content is for informational purposes only.
THE SERVICES, DIGITAL PROGRAMS AND SUPPLEMENTAL MATERIALS 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, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMENTAL MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMENTAL MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMENTAL MATERIALS WILL BE CORRECTED. MAA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMANTAL MATERIALS 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, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMENTAL MATERIALS. MAA IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
- No Affiliation. Neither MAA nor AOF 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 Agent ON Fire, LLC 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 any other type of properties, or distributes them as listing assignments.
- 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, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMENTAL MATERIALS, 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.
- 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, Products and Digital Programs is to terminate this Agreement as provided herein and terminate future billing in accordance with Section 2 above.
- 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.
- 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.
- 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, PRODUCTS AND DIGITAL PROGRAMS AND/OR SUPPLEMENTAL MATERIALS.