Ignite Now Media Terms of Use

IGNITE NOW MEDIA BRAND/s & PLATFORM Your access and use of the Ignite Now Media Brand and Platform (“Platform”) individually or in capacity as an employee or agent for a company or other legal entity as an authorized user (“​user”) is governed by these Terms of Use (“Terms”). By logging into the Ignite Now Media Platform via desktop computer, mobile or mobile application you agree to these Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND CONSTITUTE A LEGALLY BINDING AGREEMENT.


User’s Obligations:

User is the only individual person authorized to use User’s assigned User ID and password to access the Platform. User is responsible for maintaining the confidentiality of User’s ID and password and is responsible for all activities that occur under User’s account. User represents and warrants that (i) User’s use of the Platform, any content provided or posted by User and User’s conduct of its business as associated with the Platform: (1) shall not: infringe or violate the rights of any third party, including but not limited to, intellectual property, privacy, contractual or publicity rights of other; (2) is not obscene, profane or offensive to a reasonable person, and (3) is not hateful, discriminatory, threatening or unlawful and (ii) the Platform will not be used by User for any illicit or illegal purposes, and User shall not interfere with or disrupt other licensee’s use of the Platform or business operations. User shall be solely responsible for complying with all applicable laws, including state and local law requirements in its use of the Platform and conduct of business. User shall conduct its business and use the Platform in a professional manner and in accordance with industry best practices and Ignite Now Media’s published or posted guidelines and policies in the knowledge base and any instructions provided by Ignite Now Media (“Policies”). Ignite Now Media further reserves the right to suspend or prohibit access to the Platform by any Agent, Broker, Preferred Lender or other third-party representative if Ignite Now Media reasonably determines that such person or entity is not an authorized User or is not in compliance with these Terms, Privacy Policy or terms of their Agreement with Ignite Now Media.



Email and Texting Policy:


User agrees to obtain consent and agreement from each of their prospects or customers (collectively, “Customers”) prior to any communication by email, text or other communication with such Customers, to (1) the terms and conditions of use no less restrictive than the Terms and Conditions of Use set forth in the IGNITE NOW MEDIA Terms of Use and (2) the IGNITE NOW MEDIA Privacy Policy which shall be no less permissive of use of User information as the Privacy Policy. Strictly comply with, and as applicable, cause its agents and all other persons under User’s supervision and control, to comply with the with the Texting, Calling, and E- mail policies set forth at below, as the same may be amended from time to time.



Texting & E-Mailing:


Client shall strictly comply and cause its employees, agents and all other persons under its control to comply with the following procedures for sending email and text messages to individuals, contacts or customers (“Leads”) registered in the Platform:


Under no circumstances may Client (or its employees) contact a Lead in the Platform via email or text message until and unless Client has confirmed and verified that:

  1. The Lead has agreed to the “Terms of Use” by registering on the Platform.
  2. The Lead has given other express written consent to be contacted by email or text message. This applies to Leads that are imported or created and have not registered on the Platform or agreed to the “Terms of Use”.
  3. The Lead has not previously withdrawn consent to be contacted.

Under no circumstances may Client (or its employees) contact a Lead in the Platform that has withdrawn consent or is marked as “Opted Out”. In the event a Lead withdraws consent by requesting that email or text messages stop being sent, Client shall immediately mark the lead as “Opted Out” and discontinue all contact via email or text message.



Intellectual Property:


No Transfer. All right, title and interest in and to the Platform and the Brand/s (American Dream TV, Ignite Now Media and its subsidiaries) shall remain the sole property of Ignite Now Media, including all copyrights, trademarks and other intellectual property herein. Other than as set forth herein, nothing herein shall grant either party any interest in or to the intellectual property of the other party. Ignite Now Media expressly reserves all rights in and to the Platform not expressly granted herein. User shall not resell, sublicense, distribute, offer subscription services or otherwise provide use of the Platform to third parties, staff or other without express written consent form Ignite Now Media.


 

Proprietary Notices:

 

User agrees to respect and not to remove, obliterate or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on the Platform or any output thereof. 

No Modification or Reverse Engineering. User shall not modify, reverse engineer, disassemble, or decompile the Platform or any portion thereof.



Personal Information:


User shall use all personally-identifiable information of its prospects, customers or other website visitors that is collected on or through the Website (“PII”) in accordance with all applicable laws, rules and regulations and shall not use such PII in violation of Ignite Now Media’s or User’s Privacy Policy(s) or the applicable person’s authorization. 

Restrictions on Use of Platform.


User acknowledges and agrees that it shall not access or use the Platform using automated means (bots, spiders, scrapers or similar means or processes) without Ignite Now Media’s express permission or use the Platform in any manner that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform or Ignite Now Media’s infrastructure. User will not in any manner or by any means extract data from the Platform for storage on a separate server or database. User may not access or use, or allow access or use by any User, the Platform by any competitor of Ignite Now Media without Ignite Now Media’s prior written consent. User may not access the Platform for the purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purpose or to build or improve any competitive product or service.



Use of Data:


User further understands and agrees that Ignite Now Media may aggregate and analyze data generated by use of the Platform by User and its other licensees, including but not limited to average unit pricing, housing inventory, average length of time for a property to be on the market in a territory and similar information. Ignite Now Media shall have the right to use, disclose and distribute such aggregate data and statistics to third parties, with or without consideration, in its sole discretion and without any additional payment to User.



Copyrights and Trademarks:


The Platform is protected by intellectual property and other laws, including trademark and copyright laws. The Platform belongs to and is the property of Ignite Now Media and owns and retains all copyrights in the Content. The Content provided on the Platform may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Ignite Now Media logos, and other marks used by Ignite Now Media from time to time are trademarks and the property of Ignite Now Media.



Information You Provide:


You represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information you provided is accurate and true. Your use of the Site is subject to Ignite Now Media’s Privacy Policy.



Links to Third-Party Web Sites:


Links on the Site to third party web sites or information are provided solely as a convenience to you. Ignite Now Media is not responsible or liable for any such web sites or the content. If you use the links to the web sites of Ignite Now Media affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.



Downloading Files:


Ignite Now Media does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.



Limitation of Liability:


UNDER NO CIRCUMSTANCES SHALL IGNITE NOW MEDIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF BUSINESS OR LOST PROFITS OR GOOD WILL, (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM (i) THE CONTENT OF, USE OF, OR INABILITY TO USE THE PLATFORM, WEBSITE, SERVICES OR ANY OTHER IGNITE NOW MEDIA WORK PRODUCT, (ii) THE STORAGE, TRANSMISSION, DELIVERY, TRANSFER, LOSS, BREACH, CONTAMINATION, CORRUPTION, COPYING, USE, OR DISCLOSURE ANY USER DATA OR ANY THIRD PARTY DATA ARISING FROM OR IN CONNECTION WITH THESE TERMS OR THE PERFORMANCE THEREOF, OR (III)ANY BREACH OF THESE TERMS BY IGNITE NOW MEDIA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF IGNITE NOW MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND/OR DAMAGES. WITH RESPECT TO DIRECT DAMAGES, USER’S REMEDY IS LIMITED TO ONE OF THE FOLLOWING: A REFUND OF USER’S MOST RECENT THREE (3) MONTHS WORTH OF PAID LICENSE AND SERVICE FEES, OR REPAIR/REPLACEMENT OF THE WEBSITE OR PLATFORM, AT IGNITE NOW MEDIA’S DISCRETION. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.



Indemnification:


User shall defend, indemnify, save and hold Ignite Now Media (including the officers, directors, employees, managers, members, owners, contractors, representatives, successors and assigns of Ignite Now Media, LLC) harmless from any and all actions, judgments, damages, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, whether asserted or threatened (collectively, any “Actions”) that arise from or are related to (i) User’s or its Users’ use of the Ignite Now Media Platform, Website and/or Services; (ii) breach of these Terms by User (iii) any claims of infringement or other claims arising from use of the User Branding, Content or provided domain name; and (iv) any claims arising out of any products or services sold or otherwise distributed by User through the Website or Platform, including any personal or property injury and damage. Ignite Now Media shall have the right to participate in the defense or settlement of any such Action at its own expense and with counsel of it’s choosing. User may not settle any Action without Ignite Now Media’s consent and Ignite Now Media, by written notice to User, may elect to undertake its own defense and settlement of any Action; provided, however, in such event, User’s defense obligations with respect to that Action (but not with respect to any other Action) will be deemed excused.



Governing Law and Venue:


The laws of the State of California shall govern these Terms. You agree that any action at law or in equity arising out of or relating to the Ignite Now Media Platform shall be filed exclusively in the state or federal courts located in San Diego County, California, and you hereby consent and submit to the personal jurisdiction of such courts.



Third-Party Services:


Ignite Now Media’s Platform allows you to integrate with third-party services (“Third-Party Services”). In order to take advantage of this feature, you may need to authenticate, register for or log into Third-Party Services through the Platform or on the websites of their respective providers. When you enable linking between the Platform and Third- Party Services, such as your Google account, you will authorize us to collect and store relevant personal information necessary to enable the Platform to access that Third-Party Service and your data and content contained within that Third-Party Service. We will use, store and disclose such information in accordance with Ignite Now Media’s Privacy Policy, Terms of Service and the rules you set to govern the linking. However, please remember that the manner in which Third-Party Services use, store and disclose your information is governed by the policies of such Third-Party Services, and Ignite Now Media shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Services that may be enabled within the Platform.



Changes to These Terms of Use:


We reserve the right, at our sole discretion, to update or revise these Terms of Use at any time without further notice. If we update or revise these Terms of Use, we will post the updated Terms of Use at this location and will indicate at the bottom of this page the date the Terms of Use were last updated. Any changes shall be effective immediately upon posting on the Ignite Now Media Website. Your continued use of the Ignite Now Media Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. It is your responsibility to regularly check the Terms of Use for changes and to review those changes.



IGNITE NOW MEDIA SERVICES


Welcome and thank you for your interest in Ignite Now Media (operated by Ignite Now Media and its affiliates, collectively, "Ignite Now Media"). By clicking a registration or new account submission button, or by otherwise using Ignite Now Media's websites, networks, mobile applications, or other services provided by Ignite Now Media (collectively, the “Services”), or accessing any content provided by Ignite Now Media through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").


IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 17 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH WILL REQUIRE YOU TO RESOLVE ANY DISPUTE WITH IGNITE NOW MEDIA ON AN INDIVIDUAL BASIS AND, EXCEPT IN LIMITED CIRCUMSTANCES, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. PLEASE READ IT CAREFULLY.



1. Ignite Now Media’s Role


IGNITE NOW MEDIA DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. IGNITE NOW MEDIA IS NOT A FINANCIAL BROKER or LENDER. FOR ADDITIONAL INFORMATION, PLEASE SEE SECTION 8. Ignite Now Media's business is primarily funded through, Brand, Advertising and Marketing Services offerings. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the services relevant and useful to you, Ignite Now Media may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details. Ignite Now Media utilize a broker license, but Ignite Now Media does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Ignite Now Media assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.



2. Ignite Now Media's Brands

 

Ignite Now Media may operate the following brands; any use of any of the Services provided by the following brands is subject to these Terms of Use: (a) Ignite Now Media; (b) IMGN Agency LLC and (c) American Dream.



3. Eligibility; Accounts and Registration


You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Ignite Now Media permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.



4. Use of the Services; Restrictions


Use of the Services:


As long as you comply with these Terms of Use, Ignite Now Media grants you a non- exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in Section 4(B) below) on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.


Mobile Applications:


To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. Ignite Now Media does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. Ignite Now Media may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.


Use of Content:


Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on the Ignite Now Media Local-Info Pages, (the "Aggregate Data") may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Ignite Now Media is cited as a source on every page where the Aggregate Data is displayed, including "Data Provided by Ignite Now Media" or similar language. Such cite may not include a Ignite Now Media logo without Ignite Now Media’s prior written approval or imply any relationship between you and Ignite Now Media beyond Ignite Now Media being a source of the Aggregate Data.



5. Prohibited Use


BY USING THE SERVICES, YOU AGREE NOT TO:


  • use information provided by Ignite Now Media through the Services in making any loan-related decisions; 
  • reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use; 
  • use of American Dream TV or Ignite now Media Brand(s) or information, to create a direct solicitation to consumers or general public, via any marketing, advertising, social media platform or other vehicle. (Example: Facebook Ad/Post, “How would you like to sell your home or be represented as a buyer on a national TV show, Click here to lean more”. 
  • provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution; 
  • remove or modify any copyright or other intellectual property notices that appear in the Services; 
  • use the Services for resale, service bureau, time-sharing or other similar purposes; 
  • use the Services in any way that is unlawful, or harms Ignite Now Media, its service providers, suppliers, or any other user; 
  • distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services; 
  • impersonate another person or misrepresent your affiliation with another person or entity; 
  • reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Ignite Now Media for a particular portion of the Services; 
  • upload invalid data, viruses, worms, or other software agents to the Services; 
  • interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Ignite Now Media may use to prevent or restrict access to the Services; 
  • conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services; 
  • use any of Ignite Now Media's trademarks as part of your screen name or email address on the Services; or 
  • attempt to, or permit or encourage any third party to, do any of the above.


6. Fees

 

Generally:

 

There is a NO REFUND Policy. You may be required to pay fees and monthly dues to access certain features of Ignite Now Media Services. All fees are in U.S. dollars and are non-refundable. If Ignite Now Media changes the fees for all or part of the Services, including by adding fees or charges, Ignite Now Media will provide you advance notice of those changes. If you do not accept the changes, Ignite Now Media may discontinue providing the applicable part of the Services to you. Ignite Now Media’s or its authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Ignite Now Media to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, Ignite Now Media may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.


You shall be responsible for all charges as provided via your account. For purchases directly from Ignite Now Media, charges are made against your credit card at the time of purchase and on a monthly basis for ongoing services and programs. In the event you fail to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Ignite Now Media incurs in collecting unpaid amounts. To the fullest extent permitted by law, You waive all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser's credit card issuer rights). Charges are based solely on Ignite Now Media's measurements for services and programs. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Ignite Now Media. Nothing in this Agreement may obligate Ignite Now Media to extend credit to any party.


You acknowledge and agree that any credit card and related billing and payment information that You provide to Ignite Now Media or Ignite Now Media may be shared by Ignite Now Media with companies who work on Ignite Now Media's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Ignite Now Media and Ignite Now Media and servicing Your account. Ignite Now Media may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Ignite Now Media shall not be liable for any use or disclosure of such information by such third parties.


Subscriptions:


The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Ignite Now Media to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Ignite Now Media may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at:


[email protected] by contacting your business consultant, or through your support page in the Platform.



7. User Materials


UGC Definition; License Grant.


Certain portions of the Services may allow users to upload or otherwise provide to Ignite Now Media images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Ignite Now Media an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Ignite Now Media will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Ignite Now Media may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Ignite Now Media and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.


UGC Disclaimer


Ignite Now Media is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Ignite Now Media may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Ignite Now Media’s sole judgment violate these Terms of Use or are otherwise objectionable, including in any way described in our Good Neighbor Policy described in Section 13(B). You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Ignite Now Media with respect to User Materials. Ignite Now Media expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Ignite Now Media may investigate the allegation and determine in Ignite Now Media’s sole discretion whether to remove the User Materials, which Ignite Now Media reserves the right to do at any time and without notice. For more information on Ignite Now Media’s handling of infringing content, please see Section 11 below.



8. 3rd Party/Linked Services/Sent information

 

Generally:


The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Ignite Now Media’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Ignite Now Media does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Ignite Now Media may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Ignite Now Media. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Ignite Now Media is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.


Certain Third-Party Services


(i) Financial Products. If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Ignite Now Media (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a “Lender”, you authorize Ignite Now Media) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Ignite Now Media is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not Ignite Now Media. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Ignite Now Media: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Ignite Now Media or the products of any Third- Party Provider that pays Ignite Now Media; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.


Additional Terms for Third Party Services


Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:


(i) Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use available at http://www.microsoft.com/maps/assets/docs/terms.aspx.

(ii) Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html. 

(iii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.



9. Intellectual Property


The Services are owned and operated by Ignite Now Media. The user interfaces, design, information, data, code, products, software, graphics, video, content and all other elements of the Services (“Ignite Now Media Materials”) provided by Ignite Now Media are protected by intellectual property and other laws and are the property of Ignite Now Media or Ignite Now Media’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Ignite Now Media Materials, and Ignite Now Media reserves all rights to the Ignite Now Media Materials and Services not granted expressly in these Terms of Use.


Intellectual Property Notices:


The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Ignite Now Media does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.


 

10. Feedback

 

If you choose to provide input and suggestions regarding the Services, including related to any Ignite Now Media Materials (“Feedback”), then you hereby grant Ignite Now Media an unrestricted, perpetual, irrevocable, non- exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services. 



11. DMCA


Claims of Copyright Infringement. Ignite Now Media respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Ignite Now Media's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: a. Identification of the copyrighted work that you claim has been infringed; b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation. Notices of copyright infringement claims should be sent as follows:

 

By mail: Ignite Now Media 3131 Camino Del Rio N #190 San Diego, CA 92108 Attention: C.O.O.


By e-mail: [email protected] If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.


 

12. Termination/Changes to Agreement


Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting [email protected] If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Ignite Now Media to use the Services will terminate automatically. In addition, Ignite Now Media may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. Ignite Now Media may alter, suspend or discontinue the Services or any portion of the Services without notice. Ignite Now Media will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Ignite Now Media reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.


 

13. Privacy Policy/Other Terms

 

Privacy Policy:


Ignite Now Media will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.


Other Terms:


Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation, the Privacy Policy, Good Neighbor Policy/Code of Conduct, and any Video Walkthrough Guidelines. If you are a Lender, Title company or any other client, and participate in any Services offered by Ignite Now Media, you are also subject to the Ignite Now Media Terms of Use.



14. Indemnification


You agree to indemnify, defend, and hold harmless Ignite Now Media, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Ignite Now Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with Ignite Now Media’s defense of that claim.


 

15. No Warranties

 

IGNITE NOW MEDIA PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IGNITE NOW MEDIA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. IGNITE NOW MEDIA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY IGNITE NOW MEDIA ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND IGNITE NOW MEDIA MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.



16. Limitation of Liability/Exclusive Remedy


IN NO EVENT WILL IGNITE NOW MEDIA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF IGNITE NOW MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IGNITE NOW MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF IGNITE NOW MEDIA AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO IGNITE NOW MEDIA FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; ANDI (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.



17. Dispute Resolution

 

a. Binding Arbitration. If you reside in the United States, you and Ignite Now Media agree to resolve any claims relating to these this Agreement or the Ads (collectively, "Disputes") through final and binding arbitration, except as otherwise specifically provided herein. 


b. Waiver of Class Action. You acknowledge and agree that you and Ignite Now Media are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Ignite Now Media otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held 

unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.


c. Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the "FAA") governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) If the FAA and AAA Rules are found not to apply to any Dispute hereunder, or the enforcement thereof, then that issue shall be resolved under the laws of the State of California without giving effect without giving effect to its conflict of laws provisions.

 

d. Notice; Informal Dispute Resolution. A party who intends to seek arbitration must first send written notice to the other party by certified mail. Notice to Ignite Now Media, should be sent to 1301 Second Ave., Floor 31, Seattle, WA 98101, with a copy to the Legal Department. Your notice must include (a) your name, postal address, telephone number, email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Ignite Now Media’s notice to you will be sent electronically to the email address Ignite Now Media has on file associated with your Ignite Now Media account, and will include (a) Ignite Now Media’s name, postal address, telephone number and an email address at which Ignite Now Media can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that Ignite Now Media is seeking. If you and Ignite Now Media cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Ignite Now Media may, as appropriate and in accordance with this Agreement, commence an arbitration proceeding.


e. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.


f. Arbitration Location and Procedure. Unless you and Ignite Now Media agree otherwise, the arbitration will be conducted in San Diego County, California and the state and federal courts located in San Diego County, California shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If the Dispute does not exceed $10,000, you or Ignite Now Media may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ignite Now Media subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ignite Now Media may attend by telephone, unless the arbitrator requires otherwise. If the Dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.


g. Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Liability Limitation; Exclusive Remedy" section as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of reasonable attorney fees.


h. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.


i. Changes. Notwithstanding the provisions of the "Changes; Discontinuance" section, if Ignite Now Media changes this "Dispute Resolution" section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending Ignite Now Media written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Ignite Now Media’s email to you notifying you of such change. By rejecting any change, you are 

agreeing that you will resolve any Dispute between you and Ignite Now Media in accordance with the provisions of this "Dispute Resolution" section as of the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement).


j. Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Diego County, California to resolve your claim.


 

18. Miscellaneous

Except as preempted by the FAA, this Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Each party agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Diego County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. This Agreement, including the corresponding Ad Order(s), constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Any notices to Ignite Now Media must be sent to Ignite Now Media LLC, 2275 Rio Bonita Way, San Diego, CA 92108, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser's account, or by posting a message to Advertiser's account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Subject to Section 11, unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. Ignite Now Media and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, Ignite Now Media shall not be obligated to return any materials to Advertiser.



19. General


You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Ignite Now Media may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Ignite Now Media's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Ignite Now Media with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Ignite Now Media with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 5-8, 10-12, and 14-22.



20. Consent to Communications

 

By using the Services, you consent to receiving certain electronic communications from Ignite Now Media as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that Ignite Now Media sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing. The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Ignite Now Media or third parties, such as real estate agents and Lenders. Communications through these methods may be routed through a third-party service ("Communications Service"). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by Ignite Now Media or the Communications Service. Ignite Now Media also uses the Communications Service to track phone calls and text messages between you and real estate professionals so that Ignite Now Media and the real estate professional can access certain details about the contact. As part of this process, Ignite Now Media and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by Ignite Now Media and the Communications Service. The information is subject to the Privacy Policy.



21. Contact Information and License Disclosures


The Services are offered by Ignite Now Media and its affiliates, located at 2275 Rio Bonita Way, San Diego, CA 92108. You may contact Ignite Now Media by sending correspondence to that address or emailing [email protected]



22. Notice to Apple Users

 

If you are using our mobile applications on an iOS device, the terms of this Section 21 apply. You acknowledge that these Terms of Use are between you and Ignite Now Media only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 21 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 21 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

ISA ADDENDUM


Addendum Deliverables
1. Professionally trained concierge team attempts to contact and qualify each and every
consumer referral (lead).
2. On-board training provided.
3. Ability to connect to any lead source or your CRM directly.
4. Enable live transfers and phone and/or face to face appointments.
5. 24/7 instant response and follow up
6. View chat history & call data in real time
7. 8 attempts within the first 5 days, 6 month/22 touch lead nurture follows.


Addendum Terms
1. Model is available for American Dream TV/Ignite Now Media generated consumer referrals
(leads) only. Non ADTV/IGNITE leads can be added to this model for an additional $8 per
lead.
2. These leads will be provided from Sponsor to Ignite in CSV format.
3. Sponsor MUST be a current Ambassador or Lion partner to take part in this model.
4. Month to month term, starting on the date of acceptance.
5. Sponsors can turn on/off on a monthly basis, prior to the 20th of the month for billing
purposes.
6. Monthly fee (non-refundable).
7. Payment due date/billing will be on the 20th of each month, covering the preceding month.

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