As used herein, the term “Products” shall include all products are services obtained from or through this Site or the Company, including but not limited to, (i) any initial course materials as described on the Site, (ii) any information and other data provided to you by the Company on a monthly subscription basis, and (iii) the use of any software or websites.
YOUR ACCEPTANCE OF OTHER AGREEMENTS
OWNERSHIP OF SITE AND PRODUCTS
The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.
You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.
LIMITED LICENSE AND USE OF SITE AND PRODUCTS
You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.
Use of Site.
You agree to provide true, accurate, current and complete information about yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of your credit card, you shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
User posted content.
Use of Products.
You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company. Any unauthorized use of the Site or the Products automatically terminates the permission or license granted by the Company herein.
FEES AND PAYMENT
LICENSING AGREEMENT FOR ASISNOW.COM LICENSES:
This License Agreement (“Agreement”) is made and entered into by and among ASISNOW.COM, LLC, a Florida limited liability company (hereinafter referred to as “Licensor”) and an individual, or corporation, or partnership (hereinafter referred to as “Licensee”) that has agreed to these Terms and Conditions.
WHEREAS, Licensor is engaged in the business of developing, procuring, marketing and licensing of telephone and Internet access systems and equipment used in the marketing of various services, including “AS IS NOW” system, for which it holds rights for the marketing and purchasing of homes and providing advertising services relating thereto; and WHEREAS, Licensee is in the business of marketing, buying and/or selling houses in the Territory; and desires to use the Service in the Territory.
NOW, THEREFORE, in consideration of the terms, covenants and conditions contained herein, the parties hereto mutually agree as follows:
- Rights Granted.
(a) Licensor hereby grants to Licensee, and Licensee hereby accepts, a license, in and to technology , know-how and intellectual property rights related to the service (the “Technology”) necessary to and solely for the purpose of using the Service in the “ territory” as defined in Exhibit A hereto, which is hereby made a part hereof.
(b) The license granted hereby conveys no right to Licensee to use or register any trademark or trade name of Licensor, or to use the name of Licensor or any trademark or trade name in any manner whatsoever in connection with the service hereunder, except in using the service as expressly set forth herein. Nothing in this Agreement shall be construed as conveying, expressly or by implication, any right under any Licensor’s know-how except in connection with using the Service hereunder for licensee’s own account.
(c) Upon the termination of this license for any reason, Licensee shall return the Technology, included but not limited to any source codes, passwords, software and any and all copies thereof, to Licensor.
(d) Nothing contained herein shall prohibit Licensor from using the Technology for its own purposes, or from licensing the Service and the Technology to others. The foregoing notwithstanding, Licensor hereby retains the ownership and right to use, sell assign or transfer any leads generated through the Service and Technology obtained by use of the Service or Technology, provided such shall not be in conflict with the rights otherwise granted herein to Licensee.
(e) The granting of the foregoing license shall not preclude Licensor from establishing, for its own account or for franchising or licensing to others, similar Services and Technology. However, in the event Licensor determines, in its sole discretion, during the term hereof, to make available in the territory, licensing or franchise rights for Similar Services and Technology, the licensor shall grant the licensee a right of first refusal for a period of thirty (30) days to acquire from the Licensor such a license or franchise for the Territory upon the same material terms and conditions it intends to offer such license or franchise to any third party.
- Licensing Fees.
In consideration of the permission to use the Service and the Technology to be provided to Licensee in the Territory, Licensee shall pay the Licensor at the address set forth hereinabove, or at such other address as shall be provided to Licensee in writing by Licensor, the payment of fees as provided for in Exhibit B hereto, hereby made a part hereof. The Licensing Fees and, and all other payments to Licensor, shall be net to Licensor, without deduction for taxes, assessment, or other charges which may be imposed by any government.
Unless otherwise stated, the term of the license agreement will be for six-months (180 days – 6 consecutive monthly billing periods). At the end of the six-month period, the license shall be continued on a month-to-month basis until cancelled by either party with 30 days written notice.
- Early Cancellation.
You can cancel any time in the first 7 days without a fee from 7-30 days; in the event that you cancel you will be charged a $100 cancellation fee. After 30 days, a $500 cancellation fee will be assessed.
If you wish to cancel, you must email firstname.lastname@example.org and complete the form.
- Availability of Service and Technology.
As set forth in Exhibit A attached hereto and made a part hereof.
- Routing of calls, Routing Fees and Business Use Only of Service
Licensor may establish and amend, from time to time, reasonable rules and regulations relating to the routing and re-routing of calls that constitute part of the Service and Technology, including in any multi-license Territory, the routing and re-routing of call proportionate to the to the number of advertising units, as set forth in paragraph 7 (c) hereof, purchased from Licensor by each respective Licensee. Licensor may amend such rules, regulation upon thirty (30) days notice to Licensee. Licensee acknowledges and agrees that use of the Service and Technology is for business purposes only and any misuse of such may be a basis for termination of the agreement. Licensor further reserves the right to audit Licensee’s telephone usage, and to charge Licensee for misuse of the telephone usage, and Licensee agrees to pay such charges within thirty (30) days after rendering of the invoice for the same.
- Proprietary Rights.
(a) Licensee acknowledges and agrees that all ownership and proprietary rights (including, without limitation, the trademarks and copyrights) to Service and Technology are and shall remain the sole and exclusive property of Results Homebuyers, Inc. and Licensor.
(b) Licensee acknowledges and agrees that Results As Is Now and Licensor are the sole owners of the Technology used in the connection with the Service and that nothing contained in this agreement grants Licensee any right to use any such Technology, except as expressly provided in this agreement.
(c) Licensee shall promptly advise Licensor of any possible infringement Licensee becomes aware of any of Licensor’ marks, copyrights, trade secrets or other proprietary rights, or any use of the Licensor information in violation of this Agreement.
(d) Licensee allows licensor to register a Google Business under their address for As Is Now, strictly for marketing purposes.
- Advertising and Promotion.
(a) Licensee shall cause all advertising or promotional material pertaining to Service and/or Technology that it uses to comply with the then-current Licensor’s code of Advertising, as may be established or amended from time to time by Licensor in its sole discretion. As of the date hereinabove written, the Licensor has adopted as its current code of Advertising.
(b) Licensee shall not make, publish or distribute or cooperate with any third party in making, publishing or distributing any public announcements, press releases, advertising, marketing promotional or other materials (whether in print, electronically or otherwise) (“Materials”) that use Licensor’s name, logos or trademarks or copyrights, of which Licensor may, by written notice, disapprove.
(c) Licensor may, from time to time, develop advertising relating to the Service, which shall be made available to Licensee without charge, and Licensee may, but shall not be obligated to, use such advertising in the Territory. In addition to the foregoing, Licensor may make available for purchase from Licensor, to each licensee, placement in print, radio, television and billboard media at the price and upon the terms and conditions set forth in Exhibit B hereto.
(d) Other than as provided in subsection (c) above, Licensee shall at all times be solely responsible for developing, providing and paying for any and all advertising relating to the Service in its Territory.
(a) Licensor shall indemnify and hold harmless Licensee against all liabilities, costs and expenses (including reasonable attorney’s fees) incurred by Licensee that arise out of any claim asserted by a third party that the Service or Technology infringe a U.S. copyright (except for claims for which Licensors entitled to indemnification under Section 8 (b), in which case Licensor shall have no indemnification obligations with respect to such claim), provided that Licensee, upon receipt of notice of claim that could result in Licensor indemnifying Licensee pursuant to this subsection, gives prompt written notice to Licensor of the existence of such claim and permits Licensor, if it so requests, either to conduct the defense of such claim or to participate with Licensee in the defense thereof and in any settlement negotiations relating thereto; provided, however that Licensor shall not be required to pay any settlement amount that it has not approved in advance.
(b) Licensee shall indemnify and hold harmless Licensor against all liabilities, costs and expenses (including reasonable attorney’s fees) incurred by Licensor that arise out of any claim asserted by a third party that involves, relates to or concerns (i) the marketing, sale, or promotion by Licensee of the Service or (ii) any use by Licensee of any Service or Technology in violation of this Agreement; provided that Licensor, upon notice of a claim that could result in Licensee indemnifying Licensor pursuant to this subsection, gives prompt written notice to Licensee of the existence of such claims and permits that Licensee, if it so requests, either to conduct the defense thereof and in any settlement negotiations relating thereto; provided however, that Licensee shall not be required to pay any settlement amount that it has not approved in advance.
(c) DISCLAIMER. LICENSOR PROVIDES THE TECHNOLOGY AND SERVICE TO LICENSEE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. FOR EXAMPLE, LICENSOR DOES NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, AND LICENSOR SHALL NOT BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY WITH RESPECT TO ANY ACTUAL OR ALLEGED INACCURACY, UNTIMELINESS, INCOMPLETENESS, INADEQUACY, UNMERCHANTABILITY OR UNFITNESS. LICENSEE SHALL NOT MAKE ANY STATEMENT RESPECTING THE INFORMATION THAT IS CONTRADICTORY TO OR INCONSISTENT WITH THE FOREGOING STATEMENTS.
- Confidential Information.
Licensee and Licensor understand and agree that in the performance of this Agreement each party may have access to private or confidential information of the other party, including, but not limited to, trade secrets, marketing and business plans and technical information, which is designated as confidential by the disclosing party in writing, whether by letter or by the use of proprietary stamp or legend, prior to or at the time it is disclosed to the other party (“Confidential Information”). Both parties agree that the terms of this Agreement, including without limitation its financial terms such as the payments and the information contained on reports, shall be deemed Confidential Information owned by the other party. Licensee acknowledges and agrees that matters pertaining to the Technology and technological aspects of the Service are Confidential Information of Licensor. In addition, information that is orally disclosed to the other party shall be constitute Confidential Information if within 10 days after such disclosure the disclosing party delivers to the receiving party a written document describing such Confidential Information and referencing the place and date of such oral disclosure and the names of the employees of the party to whom such disclosure was made. Each party agrees that:
(i) all Confidential Information shall remain the property of the owner; (ii) it shall maintain, and shall use prudent methods to cause its employees and agents to maintain, the confidentiality and secrecy of the Confidential Information; (iii) it shall not, and shall use prudent methods to ensure that its employees and agents do not copy, publish, disclose to others our use (other than pursuant to the terms hereof) the Confidential Information: and (iv) it shall return or destroy all copies of the Confidential information upon request of the other party. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it (i) is or becomes a part of the public domain through no act or omission on the part of the receiving party, (ii) is disclosed to the third parties by, the disclosing party without restriction on the third parties, (iii) is in the receiving party’s possession, without actual or constructive knowledge of an obligation of confidentiality with respect thereto, at or prior to the time of disclosure under this Agreement, (iv) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto, (v) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information or (vi) is released from confidential treatment by written consent of the disclosing party.
- Additional Obligations of Licensee.
(a) In the event the Licensor offers email address to Licensee, upon termination of this Agreement, Licensor shall have the sole and exclusive right to reassign the Licensee’s e-mail address.
(c) Licensee is expected to conduct business in a legal, ethical, and responsible manner. Multiply complaints from, but not limited to: The Better Business Bureau, The Attorney General’s office, sellers of the houses, and/or buyers of houses will constitute a material breach of this Agreement.
- Force Majeure
Neither party hereto shall be liable for any delay arising from circumstances beyond its control including (but not limited to) acts of God, war, riot of civil commotion, industrial dispute, fire, flood, drought, shortage of material or labor or act of government, provided that the party seeking to be excused shall make every reasonable effort to minimize the delay resulting there from. Each party shall keep the other fully informed of any circumstances.
- Government Regulations
(a) Licensee shall comply with all laws and regulations of all applicable jurisdictions relating to the Service and Technology, and all advertising relating thereto.
(b) This Agreement shall be subject to all laws and regulations now or hereafter in effect applicable to the subject matter hereof
(c) If the terms of this Agreement are such as to require or make it appropriate that this Agreement be registered with or the subject matter be subject to government licensing in any area in which Licensee will do business hereunder, Licensee will, at its expense, promptly undertake such registration or licensing. Licensee will supply prompt notice and appropriate verification of any such registration or license resulting there from.
(d) Licensee will, at its expense, carry out any formal recordation of this Agreement required by the law of the Territory as a prerequisite to the enforceability of this Agreement or for any other reason, and promptly supply verified proof of such Licensor.
No provision of this Agreement may be amended, revoked or waived except by a writing signed by a duty authorized representative of each of the parties hereto.
Except as otherwise provided herein in this paragraph this Agreement shall not be assignable, transferable or sublicensed (hereinafter “Assignment”). Assignment of this agreement may be permitted by Licensor provided that any such assignee, transferee or sub-licensee:
(a) Shall agree in advance in writing satisfactory to Licensor to be bound by all the terms of this Agreement;
(b) Agrees to and passes a background check conducted by Licensor; and
If any provision of this Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law.
- Entire Agreement
This Agreement, including that attached hereto as Exhibits A and Terms and Conditions, represents the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all other prior agreements, understandings and communications, whether oral or written.
When you purchase products from the Company, the Company has the right to contact you via email, phone call, text message or other messaging technology to discuss your account and additional services or products the Company provides.
AS IS NOW LICENSE AGREEMENT
Website and Telephone inquiries will be based on zip code and their corresponding county/territory. If a zip code is split amongst a county, then the county with the dominant part of the zip code will prevail and receive those website and telephone inquiries.
Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Licensor of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Licensor will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
TERMINATION, CANCELLATION AND REFUNDS
The Company may refuse service, cancel orders, terminate accounts and/or terminate your license to use this Site and/or the Products at any time in its sole discretion. Upon such termination, you shall immediately cease all use of this Site and/or the Products.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
MODIFICATION AND SEVERABILITY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.