For purposes of this Agreement, “Site Content” includes all content and material found on the Site, including but not limited to, any blogs, podcasts, all educational materials, all training materials, software, services, client relationship management offerings and software, direct mail offerings, and any other services or content provided by the Site.
PLEASE NOTE: The Site is intended for use by residents of the United States, who are at least 18 years of age. Read carefully below before using the Site. Note also that our use of your personal information is governed at all times by our Privacy Statement which is available at www.realestatemarketingdude.com. See below for requirements relating to how disputes between you and DM Funnel, Inc. are resolved.
Use Subject to Agreement without Modification
Amendments to this Agreement will be posted on the Site. To the maximum extent allowed by law and except as otherwise expressly provided at the time of such amendment, such amendments are effective when posted. Your continued use of the Site following the posting of any amendment shall constitute your acceptance thereof. If you do not agree to the terms of this Agreement or any amendment, do not use the Site.
Using the Site
Subject to compliance with the Agreement, including but not limited to applicable age and residency restrictions, you have a limited, non-transferrable, non-sublicensable and revocable license to access and use the Site for its intended purpose which shall be for your personal use and not, for example, for reselling or outsourcing the Site’s functionality or otherwise using it as a service bureau or data center. You may print copies of Site materials as reasonably necessary for permitted use of the Site, but such copies shall not be distributed to others. Uses of the Site not expressly authorized herein are prohibited.
You agree to ascertain and obey all applicable local, state, federal (including without limitation the provisions of the Real Estate Settlement Procedures Act “RESPA”) and international laws (including minimum age requirements) in regard to the design, ordering, receipt, possession, use, and sale of any product obtained through the Site, including but not limited to copyright, trademark, and other intellectual property laws. Subject to applicable law, DM Funnel, Inc.. reserves the right, with or without prior notice, to do any one or more of the following: (a) limit the available quantity of, or discontinue any offering of, any product or promotion; (b) impose conditions on your use of the Site; and (c) bar you from making or completing any or all transaction(s). You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase transactions.
For purposes of this Agreement, “User” or “Users” means an individual who is authorized to use the Site, authorized by you and DM Funnel, Inc.to use the Site, who has purchased a subscription or purchased a subscription for another (or in the case of any Services provided by DM Funnel, Inc.without charge, for whom a Service has been provisioned), and to whom has been supplied with a user identification and password (for Services utilizing authentication). Users may include, forexample, employees, consultants, contractors and agents, and third-parties with which you transact business.
You will (a) be responsible for your and your Users’ compliance with this Agreement, (b) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, (c) use commercially reasonable efforts to prevent unauthorized access to or use of Services and Content, and notify Us promptly of any such unauthorized access or use, (d) use Services and Content only in accordance with this Agreement and applicable laws and government regulations.
You will not (a) make any service or content provided by the Site available to, or use any service or content provided by the Site for the benefit of, anyone other than you or your Users, unless expressly stated otherwise in an Order Form or the Documentation, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any service or content provided by the Site, or include any Service or Content in a service bureau or outsourcing offering, (c) use a non-DM Funnel, Inc.application or software platform to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use a service application to store or transmit malicious code or viruses, (e) interfere with or disrupt the integrity or performance of any service provided by the Site or third-party data contained therein, (f) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (g) permit direct or indirect access to or use of any service or content provided by the Site in a way that circumvents a contractual usage limit, or use any of the services provided by the Site to access or use any of DM Funnel, Inc.intellectual property except as permitted under this Agreement, (h) copy a service provided by the Site or any part, feature, function or user interface thereof, (i) copy content provided by the Site except as permitted herein, (j) frame or mirror any part of any service or content of the Site,, (k) access any service or content provided by the Site in order to build a competitive product or service or to benchmark service, or (l) reverse engineer any service provided by the Site (to the extent such restriction is permitted by law).
Any use of the services provided by the Site in breach of this Agreement that in the sole discretion of DM Funnel, Inc.threatens thesecurity, integrity or availability of DM Funnel, Inc.services, may result in Our immediate suspension of the User.
Account Registration, Password and Security
Some portions of the Site require you to register and you may be asked to select a password. You agree to provide accurate and truthful information and to update such information to keep it true and accurate. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.
We reserve the right to take such action in our discretion to help ensure the security of the Site, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (i) any action or inaction of DM Funnel, Inc..under this provision or (ii) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by DM Funnel, Inc.’s breach of the express terms of this agreement, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.
Third Party Advertising.
DM Funnel, Inc.may participate in third party advertising contracts under which the third party pays anadvertisement fee to DM Funnel, Inc.for advertising exposure to participating users. DM Funnel, Inc.has theright to make contracts with third parties concerning advertising on the Sites. These contracts will beestablished on a case-by-case basis between DM Funnel, Inc.. and third parties. It is likely that the DM Funnel, Inc.may engage one or more competing third parties to advertise their services on the Sites. Feesand services charged by or provided by other third party vendors are excluded from this agreement. Ifyou register with a sponsoring promocode, you agree to share only your contact information with thesponsoring party so that they may contact you by phone, person, or email. This information does notinclude your login information or the information about your clients nor does the sponsoring partyhave access to your account. This system and any third party advertising agreement does notconstitute an agreement, understanding or requirement to refer business to the sponsor. While usersof the Sites may engage third party advertisers for services, it is at their sole discretion and their use ofthe Sites and subscription to the DM Funnel, Inc.'s services does not require users to engage such thirdparty advertisers.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice.
Payment and Renewal
By selecting a product or service, you agree to pay DM Funnel, Inc.the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis commencing on the day you sign up for and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Your acceptance of these terms constitutes your authorization to DM Funnel, Inc.to automatically charge the credit/debit card provided by you, and in the case of monthly subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide to DM Funnel, Inc.with complete and accurate billing and contact information and to update that information with fourteen (14) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations.
Unless you notify toDM Funnel, Inc.in writing prior to the end of the applicable subscription period that you are cancelling your subscription, it will automatically renew and you expressly authorize to DM Funnel, Inc.to collect the then-applicable monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Monthly subscriptions can be cancelled at anytime on the site by selecting CONTACT US or by emailing Mike Cuevas at email@example.com.
You may cancel your DM Funnel, Inc.account at any time. If you wish to cancel, click the Contact Us button and let us know, or email Mike Cuevas at firstname.lastname@example.org. You willreceive a confirmation email that your cancellation request was received and processed. You will notbe charged anything further once you receive the confirmation email from our Customer SupportTeam. Save that email for your records.
You expressly understand and accept that DM Funnel, Inc.cannot process refunds or prorate your account for any reason. If you cancel your account in themiddle of your billing cycle (whether you choose a monthly, bi-annual, or annual billing cycle) you willhave access to your account until the end of that billing cycle and you will not be charged again
You agree not to: (a) access or attempt to access any information, documents, images, software or material (individually and collectively, “Materials”) that you are not authorized to access and/or through any means that you are not authorized to use such as any means not intentionally made available through the Site; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites; (c) access or use the Site in any manner that could damage, disable, overburden or impair any server or network used by DM Funnel, Inc.in connection with the Site; (d) use any Materials in connection with the Site in any manner that infringes upon any intellectual property rights or other rights of any party; (e) transmit unsolicited or bulk communications to any DM Funnel, Inc.account holder or to any app.attracktor.com email address or other email addresses associated with DM Funnel, Inc.(f) post or otherwise submit any software, programs or Materials via the Site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with or inhibit any other user from using and enjoying the Site or other websites, Materials or services associated with DM Funnel, Inc..; (h) violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by this Agreement; (i) compile, use, download or otherwise copy any Materials available on the Site (except as expressly permitted by the Agreement), or transmit, provide or otherwise distribute (whether or not for a fee) such Materials to any third party; (j) use the Site to engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise); (k) use any robot, spider, or other programmatic or automatic device, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (l) frame, mirror, or use framing techniques on any part of the Site without DM Funnel, Inc.’s express prior written consent; (m) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site Materials, or otherwise scrape, collect, store, or, except pursuant to the limited license granted by this Agreement, use any Materials; (n) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; (o) remove any copyright, trademark, or other proprietary rights notice from the Site or Materials; (p) post any content that defames, harasses, or threatens others, (q) post any content that discusses illegal activities with the intent to commit them, (r) post any content that infringers the intellectual property rights of another, (s) post any content that is profane, pornographic, obscene, indecent, or unlawful, (t) post any content that is intentionally inaccurate with the intent of misleading others; and/or (u) use any DM Funnel, Inc.domain name as a pseudonymous return email address.
These examples of prohibited conduct are illustrative and are not exhaustive. DM Funnel, Inc.reserves the right to take action, up to and including terminating a user’s account, if the user is determined, in DM Funnel, Inc..’s sole discretion, to have engaged in prohibited conduct or otherwise violated this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DM FUNNEL, INC., ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, AND MERCHANTS (DM FUNNEL INC.AND SUCH OTHER INDIVIDUALS AND ENTITIES INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS “DM FUNNEL, INC.-RELATED PARTIES”) SHALL NOT BE RESPONSIBLE FOR, NOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR CONDUCTING OF ANY TRANSACTIONS BY OR THROUGH THE SITE. ADDITIONALLY, TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, THE TOTAL AGGREGATE AND COMBINED LIABILITY OF THE DM FUNNEL, INC.-RELATED PARTIES SHALL BE LIMITED TO THE AMOUNT OF MONEY, IF ANY, THAT YOU EXPENDED IN CONNECTION WITH THE TRANSACTION OR EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY IRRESPECTIVE OF WHETHER A CLAIM IS BROUGHT UNDER CONTRACT, TORT, WARRANTY OR OTHER THEORY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN. IN SUCH JURISDICTIONS, DM FUNNEL, INC.-RELATED PARTIES' LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
Disclaimer of Warranties
for the avoidance of doubt, and without limiting the foregoing, DM Funnel, Inc.cannot and does not represent or warrant that the Site, its server, or user content will be error-free, uninterrupted, timely, secure, free from viruses and other harmful components, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
Additional Disclaimer Related to Third-Party Content and Links to Third-Party Sites
We may display on the Site user content, information, instructions, videos, services, products, and other materials from third parties, and links to third-party sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by DM Funnel, Inc..or its affiliates of any content of the linked third-party website, and DM Funnel, Inc.. does not verify or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these sites. Therefore, neither DM Funnel, Inc.nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained on these sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD-PARTY CONTENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH CONTENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
You agree to defend, indemnify and hold harmless DM Funnel, Inc.,its employees, directors, officers, members, managers, representatives, agents, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site (but excluding claims resulting from our breach of this Agreement), including without limitation, any information or content you submit to the Site, any material you download from the Site, any use of material obtained from the site, or any interference with the operation of the Site.
By submitting any comment, idea, suggestion, response to questionnaires or other material to the Site, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By providing any such material or information, or by submitting designs, drawings, or other copyrightable subject matter to the Site, you represent and warrant that copying, public posting and use of such material or information by DM Funnel, Inc.will not infringe on or violate the rights of any third party.
Trademarks and Copyrights
DM Funnel, Inc., theDM Funnel, Inc.. logo, the Real Estate Marketing Dude logo,DM Funnel, Inc. the client relationship manager platform, and other marks, logos, graphics, and trade dress used on the Site are DM Funnel, Inc..’s trademarks or the trademarks of third-party affiliates, and may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other Materials, is owned or licensed property of DM Funnel, Inc..or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these Materials may violate trademark, copyright, patent, or other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such Materials except as expressly permitted in the Agreement.
Ownership of Content
All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other Materials, is owned or licensed property of DM Funnel, Inc.or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these Materials may violate trademark, copyright, patent, or other laws.
Ownership of Client Relationship Management Software
The term “Client Relationship Management Software” (“Software”) means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by DM Funnel, Inc.on the site for Users to manage its own information, works, marketing materials, and client information.
The Software shall be and will remain the property of DM Funnel, Inc.If the User purchases a subscription to use such Software, DM Funnel, Inc.only grants a license to access and use the Software for its intended purpose which shall be for your personal use and not, for example, for reselling or outsourcing the Site’s functionality or otherwise using it as a service bureau or data center.
Use of Direct Mailing
DM Funnel, Inc.offers Users the ability to purchase and participate in direct mailing efforts with data compiled by DM Funnel, Inc.Such data is owned or licensed property of DM Funnel, Inc.or its suppliers, merchants, or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of this data may violate privacy, trademark, copyright, patent, or other laws, and such uses are strictly prohibited.
Direct mailing subscriptions and offerings are explained on the Site, including the estimated print schedule and estimated pricing. Pricing and schedule differ based on quantity purchased, as well as frequency of mailing. Estimates for pricing and schedules are provided on the Site, and Users will be billed according to actual use. Users expressly acknowledge that both pricing and scheduling for direct mailing are subject to change, without notice, at any time, and understand and expressly accept the fact that they will be billed in accordance with actual use. Users further explicitly acknowledge and accept the fact that direct mailing schedules are estimates, and hereby waive any and all rights and remedies against DM Funnel, Inc.. in the event of a delay.
Use of Direct Mail Data; Review and Audit by DM Funnel, Inc.
(a) Your use of the direct mail data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation and all applicable guidelines of the Direct Marketing Association (“DMA”). If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s Guidelines for Ethical Business Practice which can be found here: http://thedma.org/wp-content/uploads/DMA_Guidelines_January_2014.pdf
(b) Your use of any direct email data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry laws.
(c) DM Funnel, Inc.. reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of DM Funnel, Inc.. to review such use will not constitute acceptance of such use or waive any of DM Funnel, Inc..’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, DM Funnel, Inc.. may audit your records to determine whether you are in compliance with this Agreement and you will make available to DM Funnel, Inc. or its representatives all records necessary for the conduct of such an audit.
Notices and Electronic Communications
Except as explicitly stated otherwise, any notices you send to DM Funnel, Inc.. shall be sent by email and regular mail at the addresses listed in the paragraph immediately below. In the case of notices DM Funnel, Inc.sends to you, you consent to receive notices and other communications by DM Funnel, Inc.posting notices on the Site or sending you an email at the email address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that DM Funnel, Inc.provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of this Agreement and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please note the following: (a) DM Funnel, Inc. is located at 1049 N. WINCHESTER, #2, Chicago, IL 60622; (b) the fees charged forDM Funnel, Inc.products and/or services vary depending on the services selected by you; and (c) if you have a question or complaint regarding this Site or DM Funnel, Inc.’s products or services, please send an email to email@example.com. You may also contact us by writing to the address above. In accordance with California Civil Code 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
In the event a dispute arises between you and DM Funnel, Inc.as a condition precedent to bringing any litigation, you and DM Funnel, Inc.agree to first contact each other at the address provided above for DM Funnel, Inc.., and at the e-mail address provided by you in connection with your account, and provide a written description of the problem, how the party has been harmed, what the party is demanding, a statement of the merits of the claim, and a proposed resolution. In the event the proposed resolution is not acceptable, you and DM Funnel, Inc.shall, within thirty (30) days, make good faith efforts to resolve the matter through in person or telephonic negotiation between you and a representative of DM Funnel, Inc.(either side may have, in addition to the parties, a lawyer present also) involving at least one session of at least one hour in duration if the matter does not settle earlier or without the need for an hour of negotiation. Without limiting the effect of any disclaimer contained herein, TO THE EXTENT PERMITTED BY APPLICABLE LAW, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
DM Funnel, Inc.shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond our reasonable control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, or natural disasters.
This Agreement, including the documents incorporated herein by reference, is the entire understanding and agreement between DM Funnel, Inc.and you with respect to the subject matter hereof.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is found to be invalid or unenforceable, this Agreement shall be construed in accordance with its terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by DM Funnel, Inc.. to enforce any provision of this Agreement shall be a waiver of any of our rights under this Agreement. DM Funnel, Inc.may assign this Agreement, and its rights and duties thereunder, to any party at any time without notice to you. You may not assign this Agreement or rights and duties thereunder without the prior consent of DM Funnel, Inc..
Digital Millennium Copyright Act Notice Policy
We respect the intellectual property rights of others, and ask you to do the same. If you believe that your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by the notice, a representative list of the copyrighted works that you claim have been infringed via the Site; (b) identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site, such as the URL where such material may be found on the Site); (c) your street or mailing address, telephone number, and, if available, email address; (d) the following affirmation (if true): "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use)."; (e) the following affirmation (if true): "I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed."; (f) electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Company’s designated agent for notice of copyright infringement can be reached at:firstname.lastname@example.org