WARNING: This may be the most important information that you will ever read, about selling real estate and having it ALL.
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MIKE COSTIGAN
ANTI-TYPICAL AGENT
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TERMS OF USE
TO USE THIS SITE AND/OR ANY RELATED SERVICES, PROGRAMS OR MATERIALS, YOU MUST BE A UNITED STATES RESIDENT. BY CONTINUING TO USE THIS SITE AND/OR BY ENTERING YOUR PERSONAL INFORMATION INTO ANY FORM, YOU ARE ATTESTING TO BEING A US RESIDENT AND ACCEPTING ALL TERMS OF THIS POLICY/AGREEMENT BELOW, INCLUDING GIVING EXPRESS CONSENT TO US, AND TO OUR AFFILIATES, MEMBERS EMPLOYEES AND VENDORS, TO CONTACT YOU REGARDING ANY SERVICES, PROGRAMS, PRODUCTS OR OTHER OFFERINGS THAT WE FEEL MAY BE HELPFUL TO YOU.
This website and the services contemplated hereunder are provided by Agent On Fire, LLC, LLC (“AOF”) and Millionaire Agent Academy, LLC (“MAA”) (for simplicity, AOF and MAA are collectively referred to herein as “AOF”). These Terms and Conditions of Use (“Terms of Use”) govern access to and use of AOF’s website located at www.agentonfire.com and/or MAA’s website located at www.millionaireagentacademy.com (collectively, the “Website” or “Site”); the term “Website” or “Site” includes all services, tools, digital programs, products and features available thereon (collectively, the “Services, Products and Digital Programs”). These Terms of Use incorporate by reference and are subject to the Privacy Policy and Purchase & Hold Harmless Agreement, as referenced in the Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) BEFORE USING THE SITE. USE OF THE SITE CONSTITUTES AN AGREEMENT WITH THE TERMS AND USE, WHETHER OR NOT YOU PURCHASE ANY SERVICES, PRODUCTS AND DIGITAL PROGRAMS OR BECOME A MEMBER (“MEMBER”). IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE SITE AND/OR SERVICES, PRODUCTS AND DIGITAL PROGRAMS, THEN PLEASE READ THESE TERMS OF USE. BY USING THIS SITE, YOU HEREBY REPRESENT, WARRANT, UNDERSTAND, AND AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE OR THE AOF PRIVACY POLICY, DO NOT USE THE SITE OR THE SERVICES, PRODUCTS AND DIGITAL PROGRAMS.
- Acceptance of Terms and Conditions of Use. These Terms of Use are effective as of July 1, 2017 (the “Effective Date”) and constitute an electronic contract between you (“You” or “Your”) and AOF that sets forth the legally binding terms regarding Your use of the Site and/or, Services, Products and Digital Programs. These Terms of Use may be modified by AOF from time to time, with such modifications to be effective upon posting by AOF on the Site. These Terms of Use incorporate by reference AOF’s Privacy Policy. By accessing the Site and/or becoming a Member, You accept these Terms of Use and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Member, You consent to have these Terms of Use provided to You in electronic form. Your use of the Site after the Effective Date also constitutes Your unconditional agreement to the Purchase & Hold Harmless Agreement (the “Purchase Agreement”) should you purchase any Services, Products and Digital Programs from AOF.
- Site Content. All of the content on this Site, including, without limitation, the images, graphics, information, text, data, links, as well as the underlying software, networks and systems that support this Site and other material accessible through the Site and/or the Services, Products and Digital Programs, whether created by AOF, provided by You or provided by a third party, for display on the Site or through the Services, Products and Digital Programs (“Content”) is owned by or under license to AOF and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Users have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Site and its Content solely for their internal business purposes or personal use, subject to these Terms of Use. The Content may contain typographical errors, inaccuracies, or other inadvertent errors. AOF reserves the right to make changes to the Content, descriptions, specifications, or other information, without obligation to issue any notice of such changes. You may only use the Content for internal informational purposes in compliance with all laws and regulations that apply to You. You may not reproduce or transmit any part of this Site or its Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. You may not modify, alter, or prepare derivative works based on the Content, or distribute copies of or publicly perform or display the Content, including, without limitation, by posting the Content on any network computer or distributing the Content on or in any media. You may not remove copyright, trademark, or other proprietary notices from the Content.
- Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of AOF, its affiliates, or its licensors. Nothing on this Site shall be construed as granting You, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of AOF. AOF aggressively enforces its intellectual property rights to the fullest extent of the law. The names “Agent On Fire, LLC” and “Millionaire Agent Academy” (and the logos of both) may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
- Covenants, Representations and Warranties. You represent and warrant to AOF that each of the following are true and correct in all material respects: (a) You are eighteen (18) years of age or older. If You do not meet the foregoing age requirements, You must not attempt to use the Site or become a Member; (b) You are legally within the jurisdiction of the United States; (c) You are not a resident of the European Economic Area (EEA), and You are not accessing this site from within the EEA; (d) You are not a Competitor (as hereinafter defined) of AOF and are not using the Site and/or Services, Products and Digital Programs for reasons that are in competition with AOF. As used herein, a “Competitor” means any company or individual that is in the business of providing training or educational services to real estate companies, real estate agents or real estate brokers; (e) All information provided by You through this Site is and will remain true and correct in all material respects so long as You are using this Site and/or Services, Products and Digital Programs. If at any time previously disclosed information becomes untrue, incorrect or misleading, You have a duty and agree to promptly inform AOF and provide such additional information to correct and render true all previously disclosed information; (f) AOF may terminate Your Membership or access to the Site, should it determine, in its sole opinion, that You have violated any representation or warranty or any other provision of these Terms of Use; (g) You are authorized and have all requisite legal authority to enter into these Terms of Use and any ancillary agreements, and to carry out and perform Your obligations under these Terms of Use and any ancillary documents; (h) no consent of any third party (including, but not limited to, a party to a material contract to which You are a party) is required for You, to enter into these Terms of Use or fulfill the obligations contemplated hereby; and (i) the execution and delivery by You of these Terms of Use and Your fulfillment of the obligations contemplated hereby or under the Purchase Agreement, will not violate, breach, be in conflict with, or constitute a default under, or permit the termination of any contract to which You are a party.
- Termination. AOF may terminate Your access to the Site and any AOF services, programs or products, for any reason and at any time, with or without prior notice. It is AOF’s policy to terminate Users who violate these Terms of Use, as deemed appropriate in AOF’s sole discretion, but AOF may also terminate access without cause or notice. You agree that AOF is not liable to You or any third party for any termination of Your access to the Site.
- Privacy. AOF will only use the information You provide through the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein. By agreeing to these Terms of Use, You are consenting to receive certain communications from us. For example, AOF may send You newsletters, special offers, and customer surveys via email, telephone or SMS, and by using this site or AOF products, digital programs or services, you grant us express right to do so. SMS frequency will vary. Message and Date rates may apply. Receiving SMS messages is not a condition of purchase however we may send one initial SMS to confirm your purchase. If you do not wish to receive the initial SMS you may contact us at the email provided in the next sentence prior to your purchase and we will process your purchase manually without your telephone number. If You no longer want to receive such communications You may unsubscribe by sending an email to
su*****@mi*********************.com
or by using the unsubscribe links and mechanisms provided in any email, SMS or other communication received by MAA, AOF or its affiliates. You may also write to us at 11175 Cicero Drive Ste. 100 Alpharetta, GA 30022 or call us toll-free at (877) 614-7551. - Links to External Sites. Links from the Site to external sites (including external sites that are framed by AOF) or inclusion of advertisements do not constitute an endorsement by AOF of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Your access to the Site is at own Your risk. It is Your responsibility to evaluate the content and usefulness of the information obtained from other sites. AOF does not control such sites, and is not responsible for their content. You further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by AOF’s Terms and Conditions and Privacy Policy. AOF expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. You hereby agree to hold AOF harmless from any liability that may result from the use of links that may appear on the Site.
- Confidential Information. You acknowledge that through use of the Site and/or Services, Products and Digital Programs and through your relationship with AOF, You will come into possession of certain Confidential Information of AOF (as hereinafter defined), relating to AOF’s business affairs, which is not generally known to the public and was developed and/or is maintained by AOF during its course of business. You acknowledge that said Confidential Information is vital to AOF’s continued success and that it is necessary for the protection of AOF’s legitimate business interests that this information remains strictly confidential. You further acknowledge that all Confidential Information is the sole and exclusive property of AOF and protectable by law. You shall hold all such Confidential Information obtained completely and strictly confidential, and agree not to use, disclose, furnish, copy, scan, duplicate, or distribute, in whole or in part, any such information, or share any proprietary and/or other relative information, except as necessary to carry out Your duties contemplated hereunder. As used herein, “Confidential Information” means all confidential, proprietary or unique information belonging to, used by, or in the possession of AOF relating to its business, including, without limitation, its: (i) Customer lists, call lists, and other confidential Customer data; (ii) pricing information and financial data concerning AOF; (iii) memoranda, notes, records, and other confidential technical data; (iv) training methods, manuals, and other techniques developed by AOF; (v) information concerning AOF’s sales tactics and other methods of doing or promoting its business, including marketing and social media activities; (vi) information concerning AOF’s contracts, arrangements, and agreements with any customer, manufacturer, vendor, or supplier, including, but not limited to, information concerning sales prices, factory sales prices, profit margins, and commissions; (vii) information relating to past, present, or future business plans; and (viii) accounts, systems, procedures, development plans, computer programs, forms, and other trade secrets of every kind and character, and any other information of AOF acquired by You during the term of these Terms of Use. Confidential Information shall not include any information that: (A) You can document You had in Your possession prior to disclosure by AOF, (B) was in or entered the public domain through no fault on Your part, (C) is disclosed to the You by a third party legally entitled to make such disclosure without violation of any obligation of confidentiality, or (D) You independently developed without reference to any Confidential Information of AOF.
The copyright in all material provided on this Site is held by AOF or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AOF or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided You do not modify the materials and that You retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if You breach any of these terms or conditions. Upon termination, You will immediately destroy any downloaded and printed materials. You also may not, without AOF’s permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- COPPA Compliance. You should monitor children’s use of the Internet. The Site is intended for people eighteen (18) years of age or older. AOF will not knowingly collect any information from children under thirteen (13) years of age. You must identify Your age during the registration process. AOF takes the Children’s Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, AOF does not assume any responsibility for any misrepresentations regarding Your age or parental consent when using this Site. Should we determine that You provided any false information to us when using this Site, Your Membership and use will be terminated immediately.
- 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. In fact, the Site, Content and all products, services and/or materials created, sold and/or otherwise disseminated by AOF are made available only to United States’ citizens, and access thereto is strictly forbidden to any EU citizen. If You are an EU citizen, you are directed to 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.
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
su*****@mi*********************.com
or by calling us toll-free at (877) 614-7551. - Disclaimer of Warranties. The information and materials contained in this Website, including text, graphics, information, links, Content, and/or other items are provided “as is” and “as available”. AOF DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND/OR MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. AOF DOES NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR DIGITAL PROGRAMS WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECT IN THE SERVICES AND/OR PRODUCTS AND DIGITAL PROGRAMS WILL BE CORRECTED. AOF DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES AND/OR PRODUCTS AND DIGITAL PROGRAMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
AOF makes no representations that information on this Site is appropriate or available for use outside the United States. If You choose to access this Site from outside the United States, You do so on Your own risk and initiative and You agree that You are responsible for complying with all applicable United States laws as well as Your local laws and regulations. If You transact business through this Site from a place located outside the United States, You acknowledge and agree that You do so voluntarily, that You are responsible for complying with all applicable United States laws, as well as any local laws and regulations that may impact Your transaction, and You understand that AOF disclaims all responsibility related to such transaction.
- Limitation of Liability.
Incidental Damages and Aggregate Liability. IN NO EVENT WILL AOF BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE SITE, REMOVAL OF CONTENT FROM THE SITE, ANY EMAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY TERMINATION OF YOUR MEMBERSHIP OR ABILITY TO ACCESS THE SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AOF, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
UNDER NO CIRCUMSTANCES WILL AOF’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OF USE OR THE USE OF SITE AND/OR THE SERVICES, PRODUCTS AND DIGITAL PROGRAMS, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID AOF FOR THE USE OF ANY SERVICES, PRODUCTS AND DIGITAL PROGRAMS, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT.
In addition to the preceding paragraphs of this section and other provisions of these Terms of Use, any advice that may be posted on the Site and/or in Products and Digital Programs is for informational purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. You understand and agree that real estate is an inherently local industry, and each local market differs from the next. AOF cannot advise on the particularities of Your local market (including, but not limited to, whether housing prices are rising or falling, whether pursuing real estate listings or marketing to prospective sellers is viable, whether bank owned and/or foreclosures are advisable investments, whether working in real estate at all makes sense, whether trying anything the AOF suggests or advises is worth doing, 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 AOF would be suitable and/or profitable for You. AOF makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site and/or Products and Digital Programs. If You have specific concerns or a situation arises in which You require professional or legal advice, You should consult with an appropriately trained and qualified specialist.
- Indemnification. By accessing and using this Site You agree to indemnify, defend and hold harmless AOF and its affiliates from and against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by AOF and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content You submit, post or transmit through the Site; and (ii) Your use of the Site and/or Services, Products and Digital Programs or material found within, in violation of these Terms of Use or in violation of any applicable law. (iii) any loss You incur as a result of your use of any materials, ideas or examples that you obtain from the Site, Products or Digital Programs. You further agree that You will cooperate as reasonably required in the defense of such claims. AOF and its affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not, in any event, settle any claim or matter without the written consent of AOF. You further agree to hold harmless AOF and its affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.
- Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MAA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Miscellaneous. If suit is brought to enforce these Terms of Use or to collect any money due AOF, or to obtain any money damages or equitable relief for breach, the prevailing party shall be entitled to recover, in addition to any other available remedy, reimbursement for reasonable attorneys’ fees, court costs, costs of investigation, and other related expenses. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. You expressly agree that any dispute related to or arising out of the use of the Site and/or the Services, Products and Digital Programs shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions, and You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Georgia, Fulton County, for the resolution of any such dispute. The failure of AOF to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AOF. Except as expressly set forth in these Terms of Use, the exercise by AOF of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. All of the provisions of these Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. Nothing in these Terms of Use shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. You shall not have, or hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding upon AOF, except as provided for herein or authorized in writing by the party to be bound.
- Revisions. AOF may at any time revise these Terms of Use by updating this posting. By using this Site, You agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which You are bound.
Date of revision: 11-29-21