Terms and Condition

This Terms of Services and Use Agreement (“Agreement”) is entered into by and between Warnocks By Owner, Inc. (hereafter “WBO”) and Subscriber (hereafter “Subscriber”).

RECITALS

WBO is a provider of real estate lead management software and For-Sale-by- Owner leads. Subscriber is a real estate agent or other professional that desires to utilize WBO products and services.

AGREEMENT

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

• Definitions

  The following definitions as used in this Agreement shall have the following meanings:
  • “Software” shall mean any and all software products provided by WBO for resale.
  • “WBO Leads” shall mean any and all leads sold or provided by WBO to Subscriber, and may include, but is not limited to FSBO Leads.
  • “Subscriptions” shall represent all products and services purchased from WBO by the Subscriber. Examples may include a subscription to FSBO Leads or a subscription to WBO Agent Sites®, etc.
  • “Billing Cycle” shall mean the period between invoices for products and services. Billing Cycles are paid monthly.
  • “Subscriberʼs Credit Card” shall mean the credit card currently listed on the customerʼs 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.warnocksbyowner.com/user/managecards. If subscriber updates the credit card on the account, they are authorizing recurring payments on the updated credit card.

• Limited Software License

  WBO 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 WBO. 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 accounts username or password,nor to allow anyone else to utilize their account for access to WBO systems.

• WBO Leads

  • License

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

  • Disclaimer.

    WBO has made reasonable best efforts to ensure accurate information in all WBO Leads and data append services, and to provide it in a timely, accurate manner. However, WBO assumes no responsibility for the accuracy of WBO Leads or any errors, misrepresentations, or inaccurate information contained therein. WBO provides this content “as is” and without warranties of any kind, either expressed or implied. Neither does WBO warrant uninterrupted, error free functionality for its Software and services.

• Copyright and Intellectual Property Rights

  Subscriber acknowledges and agrees that Software and WBO Leads are WBO 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 WBO Leads, including any associated intellectual property rights, are and shall remain with WBO. 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.

• Terms of Subscriptions

  Subscriber authorizes WBO to invoice Subscriber and process the Subscriberʼs credit card on file for payment according to Subscriberʼs Billing Cycle (monthly). 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 WBO. In the event that WBO is not able to process payment from the Subscriber at the beginning of a renewal term, either because the credit card has expired or for any other reason, WBO reserves the right to continue billing the Credit Card on file 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 the necessary reactivation fees. In the event that WBO is not able to process payment from the Subscriber at the beginning of a renewal term, WBO reserves the right to change cancel the service until payment is completed. Once the subscriber adds an assistant on the account, they authorize that assistant to make changes to the account. These changes include, but are not limited to, adding and deleting services, canceling, and updating credit cards or other information to the account. This assistant can also be made authorized by subscriber informing said assistant of the username and password on the account.

• Payment Information and Charges

  • Charges.

    The WBO will charge subscriber for the following items:

  • Subscription Charge:

    recurring fee to receive services and limited use licenses for the Software and WBO Leads. This charge is determined by the Subscribers 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.

• 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 WBO, 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 WBO are the sole property of WBO and remain so after termination of this Agreement. Subscriber agrees to surrender all such information or material to WBO on demand or upon termination of this Agreement by either party. Subscriber agrees that by subscribing to WBO services they will have received confidential information about WBO, 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 the For-Sale-by-Owner (FSBO) lead service. Nor will Subscriber use knowledge of the business for the benefit of themselves or other persons, or divulge information or data concerning WBO, including, customer names, prices, terms or particulars of WBO, whether by sale, gift, or any device, subterfuge or evasion. Subscriber will in good faith protect the goodwill of WBO.

• Limitation of Liability

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

• Indemnification

  Subscriber shall indemnify, hold harmless and defend the WBO 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 WBO, relating to Subscriberʼs account and/or relations with the WBO. By subscribing to WBO, 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.

• Force Majeure

  Subscriber acknowledges that in certain circumstances matters outside of WBOʼs, 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. WBO will not be held responsible for interruptions to its Software or services.

• 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.

• Termination

  WBO 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 sending a cancelation request through the Contact Us page at www.warnocksbyowner.com/contact, or mailing in a written cancellation request to the WBO Corporate Office. In order to avoid a renewal of the subscription term the written correspondence must be received at least five (5) 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 WBO. Subscriber understands that if that they are unable to use the program, they may place their account on hold. Subscriber acknowledges that WBO 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 WBO is unable to resolve technical issues, Subscriber may terminate service at anytime with no expectation of a refund of fees.