Terms and Conditions
This Terms of Services and Use Agreement (“Agreement”) is entered into by and between FireDamagedProperties.com, Inc. (hereafter “FDP”) and Subscriber (hereafter “Subscriber”).
FDP is a provider of real estate lead management software, real estate leads, and other real estate related technology solutions. Subscriber is a real estate agent or other professional that desires to utilize FDP products and services.
NOW, THEREFORE, in consideration of the mutual covenants and benefits expressed herein, the parties agree as follows:
The following definitions as used in this Agreement shall have the following meanings:
“FDP Leads” shall mean any and all leads sold or provided by FDP to Subscriber, and may include, but is not limited to: Expired Leads and Real Time Fire Leads.
“Subscriptions” shall represent all products and services purchased from FDP by the Subscriber. Examples may include: a subscription to Expired Leads, a subscription to FSBO Leads, a subscription to GeoLeads, etc.
“Billing Cycle” shall mean the period between invoices for products and services. Billing Cycles are elected by the Subscriber upon sign up and are either monthly, quarterly (3 months), semiannual (6 months), or annual (12 months).
“Subscriber’s Credit Card” shall mean the credit card currently listed on the customer’s 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.myFDP.com or over the phone with one of our representatives. If Subscriber updates the credit card on the account, they are authorizing recurring payments on the updated credit card.
License. FDP hereby grants a limited, non-exclusive, non-transferable, revocable limited license to FDP Leads for which the Subscriber has purchased as part of his Subscriptions. This limited license permits the Subscriber to utilize FDP Leads for their individual purposes. Subscriber acknowledges that FDP Leads are FDP’s trade secret, proprietary information, and agrees not to share, copy, reproduce, or redistribute FDP Leads without the express written permission of FDP.
Disclaimer. FDP has made reasonable best efforts to ensure accurate information in all FDP Leads and data append services, and to provide it in a timely, accurate manner, including reliable acknowledgment of individuals listed on the National Do Not Call Registry. However, FDP assumes no responsibility for the accuracy of FDP Leads or any errors, misrepresentations, or inaccurate information contained therein. FDP provides this content “as is” and without warranties of any kind, either expressed or implied. Neither does FDP warrant uninterrupted, error free functionality for its Software and services.
Copyright and Intellectual Property Rights
Subscriber acknowledges and agrees that Software and FDP Leads are FDP 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 FDP Leads, including any associated intellectual property rights, are and shall remain with FDP. 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 FDP to invoice Subscriber and process the Subscriber’s Credit Card for payment according to Subscriber’s Billing Cycle. 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 FDP in accordance with Section 14 of this Agreement. In the event that FDP is not able to process payment from the Subscriber at the beginning of a renewal term, either because the Subscriber’s Credit Card has expired or for any other reason, FDP reserves the right to continue billing the Subscriber’s Credit Card 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 necessary reactivation fees. In the event that FDP is not able to process payment from the Subscriber at the beginning of a renewal term, FDP reserves the right to change annual, semiannual and quarterly Billing Cycles to a monthly Billing Cycle at the then current Subscription rate.
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 FDP will charge Subscriber for the following items:
Subscription Charge: recurring fee to receive services and limited use licenses for the Software and FDP Leads. This charge is determined by the Subscriber’s billing choices decided upon signup or as modified at their request. This charge is automatically billed at the beginning of each Billing Cycle.
Setup Fee: a one-time, non-refundable fee for training.
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.
Overages. All FDP Leads services involve a data append service which appends missing owner contact information to property addresses. FDP purchases data from industry leaders to help provide the most accurate information for their Subscribers. FDP limits Subscribers to 2,000 successful “lookups” per month. For the purpose of this agreement, a “lookup” shall constitute the data append process FDP has developed for finding missing owner contact information. FDP will charge Subscriber an overage fee of $0.12 per additional “lookup” over the 2,000 lookup limit. Overage fees will not be refundable under any circumstances as they represent real charges incurred by FDP in providing this service. FDP further reserves the right to cancel or terminate any account for excessive, abusive, or inappropriate use in the number and type of addresses submitted for research.
In certain areas FDP has implemented an Expired Listing Assistant (“XLA”) program. In applicable areas agents may, if they choose, engage FDP to act as the Subscriber’s personal assistant to automate the import of FDP Leads. In order to qualify for this program, the XLA service must be offered in the Subscriber’s area and the Subscriber must be a licensed Real Estate Agent and an active member of the relevant MLS. Subscriber may then engage FDP to be Subscriber’s personal assistant to create an export file and/or automation from Subscriber’s MLS account for personal use within Subscriber’s FDP Lead Manager or email. Subscriber is responsible for ensuring that any actions taken or any services or software requested from FDP under this Agreement are in compliance with all applicable laws and MLS regulations in all jurisdictions in and to which the services are provided by FDP. Subscriber is also responsible for ensuring that both FDP and Subscriber are authorized under all applicable MLS and state and federal laws and regulations to allow FDP to act as Subscriber’s personal assistant and obtain necessary authentication information for the exportation of MLS data. In consideration of the above FDP agrees to act as the personal assistant for Subscriber, and to assist them in the process of exporting the MLS data for which they are authorized to utilize within their business.
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 FDP, 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 FDP are the sole property of FDP and remain so after termination of this Agreement. Subscriber agrees to surrender all such information or material to FDP on demand or upon termination of this Agreement by either party.
Subscriber agrees that by subscribing to FDP services they will have received confidential information about FDP, 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 any FDP lead. Nor will Subscriber use knowledge of the business for the benefit of themselves or other persons, or divulge information or data concerning FDP, including, customer names, prices, terms or particulars of FDP, whether by sale, gift, or any device, subterfuge or evasion. Subscriber will in good faith protect the goodwill of FDP.
Limitation of Liability
FDP 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 FDP shall not exceed the license fee paid to FDP for use of the Software. In no event shall FDP be liable for any loss of profits; any incidental, special, exemplary, or consequential damages; or any claims or demands brought against Subscriber, even if FDP has been advised of the possibility of such claims or demands.
Subscriber shall indemnify, hold harmless and defend the FDP 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 FDP, relating to Subscriber’s account and/or relations with the FDP. By subscribing to FDP, 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.
Subscriber acknowledges that in certain circumstances matters outside of FDP’s, 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. FDP will not be held responsible for interruptions to its Software or services
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.
This Agreement shall be deemed to have been executed in the State of New York and shall be interpreted and construed according to the laws of the State of New York, without giving effect to any conflict of laws’ provisions. The parties hereby consent to the jurisdiction of the federal and state courts located in the State of New York.
FDP 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 emailing a cancellation request to billing@theFDP.com, or mailing in a written cancellation request to the FDP Corporate Office. In order to avoid a renewal of the Subscription term the written correspondence must be received at least one (1) 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 FDP. Subscriber understands that if they are unable to use the program, they may place their account on hold for up to six months in a calendar year.
Subscriber acknowledges that FDP 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 FDP is unable to resolve technical issues, Subscriber may terminate service at anytime with no expectation of a refund of fees.