Ignite Now Media Terms of Service
Email and Texting Policy:
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:
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 The Lead has not previously withdrawn consent to be contacted.
Under no circumstances may Client (or its employees) contact a Lead in the Platform that has withdrawn consent or is marked as “Opted Out”.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.
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.
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.
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:
Links to Third-Party Web Sites:
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.
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.
IGNITE NOW MEDIA SERVICES
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
2. Ignite Now Media’s Brands
3. Eligibility; Accounts and Registration
4. Use of the Services; Restrictions
Use of the Services:
Use of Content:
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;
- use of Volo, 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.
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.
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:
ADMIN@IGNITENOW.MEDIA by contacting your business consultant, or through your support page in the Platform.
7. User Materials
UGC Definition; License Grant.
8. 3rd Party/Linked Services/Sent information
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:
(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
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.
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.
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: ADMIN@IGNITENOWMEDIA.COM 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
15. No Warranties
16. Limitation of Liability/Exclusive Remedy
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.
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.
20. Consent to Communications
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 CONSUMERCARE@IGNITENOW.MEDIA.
22. Notice to Apple Users