Purchase & Hold Harmless Agreement
Posted on July 7th, 2017

Purchase and Hold Harmless Agreement

PLEASE READ THIS ONLINE PURCHASE AND HOLD HARMLESS AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE PRODUCTS OR SERVICES OFFERED BY REO ROCKSTARS, LLC (“REO”) OR MILLIONAIRE AGENT ACADEMY, LLC (“MAA”) DESCRIBED BELOW. BY PLACING AN ORDER, PURCHASING ANY PRODUCTS OR SERVICES, AND/OR USING THIS SITE OR ANY MATERIALS, YOU, THE END USER (“YOU”, “YOURSELF” AND/OR “YOUR”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS, AS WELL AS THE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, TERMS OF USE AND PRIVACY POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

1. Definitions. As used herein, the following terms shall have the following meanings:

(a) “Course Fee” shall mean the fees MAA charges for the Uncensored REO Secrets 2.0 Course.

(b) “Materials” shall mean any and all educational, training, promotional, sales, or other materials provided to You by MAA and/or REO through the Site, the Services or otherwise.

(c) “Member” shall mean each individual that purchases any of the Services through this website and is current on his or her Membership Fees. 

(d) “Membership” shall mean the right, conditioned upon timely payment of all Membership Fees and strict adherence to this Agreement, to full access of any of the Services described below. 

(e) “Membership Fees” shall mean both the Course Fee and the Monthly Fees, as well as all other fees due under this Agreement. 

(f) “Monthly Fees” shall mean any of the fees MAA charges (excluding the Course Fee) with for any of the Services that MAA and/or REO provides You on an ongoing basis.

(g) “Millionaire Agent Academy” or “MAA” shall mean both Millionaire Agent Academy, LLC and REO Rockstars, LLC, as well as the subsidiaries, affiliates, employees, contractors, attorneys, officers, agents and directors of each. Any reference to either Millionaire Agent Academy or MAA shall also refer to REO Rockstars, LLC. 

Notwithstanding the foregoing, You understand, acknowledge and agree that Millionaire Agent Academy, LLC and REO Rockstars, LLC are separate and distinct legal entities. When used herein, the term “MAA” is intended to refer to both entities purely for the sake of convenience. MAA and REO are strictly independent contractors of one another, and nothing contained herein or otherwise shall make one entity the authorized agent of the other. Under no circumstances shall one entity be held responsible for the acts or omissions of the other entity. 

(h) “Services” shall mean all products, services, subscriptions, classes, coaching, consulting and other services, either presently or in the future, offered, marketed or provided by MAA or REO through the Site; such Services shall include, but not be limited to, Uncensored REO Secrets, Uncensored REO Secrets 2.0, the Graduate Program, and REO Rockstars Mastermind Society. Any future Services created, marketed or offered by MAA shall automatically be governed by the terms of this Agreement, regardless of whether such Services are specifically referenced in Section 2 below or otherwise in this Agreement. 

(i) “Site” shall mean REO’s website located at www.reorockstars.com and/or MAA’s website located at www.millionaireagentacademy.com, as well as any other website owned or operated by MAA, its subsidiaries or affiliates. 

2. Services. 

(a) Uncensored REO Secrets 2.0 Course. By selecting the Uncensored REO Secrets 2.0 Course, You are agreeing to pay (i) $291 for the course itself (in addition to the $29.00  shipping fee for supplemental materials) (the “Course Fee”), and (ii) $67 per month (the “Monthly Fees”) for Your Membership in the Graduate Program (as defined below) (collectively, the “Membership Fees”). By enrolling in the Uncensored REO Secrets 2.0 Course, You are also agreeing to be automatically enrolled into and charged for the Graduate Program, as further defined below. You will automatically be charged the Monthly Fees below unless and until to cancel your Membership in accordance herewith.

(b) Graduate Program. The Graduate Program consists of membership in REORockstars.com, including access to and participation in the REO Rockstars Mastermind Society (as detailed below), access to pre-recorded graduate informational Q&A calls, access by telephone to support for any real estate related informational answers to questions and technical and billing issues, and email access to MAA’s personnel for further informational communication. You may also request telephone informational conversations with MAA’s personnel at no additional charge. You also are entitled to participate in weekly REORockstars group informational Q&A calls with Mike Costigan and other members after You have been a member for thirty (30) days.  The Monthly Fees shall commence thirty (30) days from the date of purchase and shall continue on a monthly basis thereafter. Your Membership will continue every month until You cancel in accordance with this Agreement. You authorize us to automatically charge Your credit card monthly for the Monthly Fees. You may cancel at any time by simply notifying us by phone at (404) 424-8418 or by email at support@reorockstars.com. 

(c) REO Rockstars Mastermind Society. By selecting the REO Rockstars Mastermind Society and paying a fee of $1.00, You are enrolling in the REO Rockstars Mastermind Society on a an initial term of fourteen (14) days. After the initial fourteen (14) days (if You do not cancel in accordance herewith), You will be automatically enrolled as a Member, and the associated Monthly Fees of $67 per month will be automatically billed to Your credit card on file. You may also choose at the time of Your enrollment to pay reduced Monthly Fees on an annual basis. You may cancel at any time by simply notifying MAA via email at support@reorockstars.com. While a Member, You are also entitled to a free Membership in our Facebook REO Rockstars Mastermind Group where You will have access to informational Q&A calls and/or webinars. Note that such calls and webinars are randomly scheduled with no guaranteed availability or minimum number of offerings. You will also have access by group message or instant message to our personnel for any real estate related answers to questions. 

3. License. Upon payment of the Membership Fees for particular Services, and subject to the terms of this Agreement, MAA will grant You a limited, non-transferable, royalty-free, and non-exclusive license to use the Services and Materials during the Term of this Agreement. Your use of the Services shall be strictly in accordance with this Agreement and our Terms of Use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to You or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this Agreement, MAA owns and retains all right, title, and interest in the Services and any and all related materials.

4. Payment. For access to and use of the Services, You agree to pay the amounts set forth above for the number of users for which You are purchasing a license. You hereby acknowledge and agree that the Course Fee and Monthly Fees are payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether You use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from Your use of the Services. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from You.

5. Email Notifications. You will receive email notification of the call schedules and access information after You have been a Member for thirty (30) days. If You do not receive such emails within such timeframe, please contact customer support. 

6. Refunds. If You believe any of the MAA Services You purchased are not worth the purchase price, You may, conditioned upon the requirements of this Section, receive a full refund of monies actually paid to MAA. Under no circumstances will MAA refund monies in excess of what You actually paid MAA. Additional refund Conditions for individual Services are provided below.

(a) Uncensored REO Secrets 2.0 Course. All Uncensored REO Secrets 2.0 refund requests must be made within (60) days of Your purchase date in accordance herewith. To request a refund, please contact MAA via telephone to obtain a return merchandise authorization number (RMA#). We will not accept return requests via email. Once You receive an RMA#, You must (a) place all Materials in a prepaid envelope (MAA does not refund any shipping costs associated with Your return of the Materials; nor does MAA refund the initial $29 shipping charge incurred from MAA’s initial shipment of the Materials), (b) clearly note the RMA# on the shipping label, and (c) return all such Materials to:

Marketing Members 1180 Red Town Road Elgin, TX 78621

Upon our confirmation that all Materials have been received, we will issue Your refund. All Materials must be received by us no later than sixty (60) days from the original order date; a refund will not be issued if MAA receives the Material after such date. 

(b) REO Rockstars Monthly Graduate Program. The first thirty (30) days of Your Membership in REORockstars monthly Graduate Program (including Site access) is free of additional charge. Following the first thirty (30) days, Your credit card on file will be automatically charged $67 month until You cancel in accordance with this Agreement. You may cancel Your monthly Membership at any time and, upon request, receive a refund for the two (2) most recent months of REORockstars monthly graduate Monthly Fees. All cancellation and refund requests must be emailed to support@millionaireagentacademy.com. No Graduate Program refunds will be issued via telephone. You must provide the date of the Monthly Fees for which You are requesting a refund in Your request for cancellation of graduate membership.

(c) REO Rockstars Society. The first fourteen (14) days of Your Membership in REO Rockstars Society costs $1.00. Following the first fourteen (14) days, Your credit card on file will be automatically charged $67 month until You cancel in accordance with this Agreement. You may cancel Your monthly Membership at any time and, upon request, receive a refund for the two (2) most recent months of REO Rockstars Society Monthly Fees. All cancellation and refund requests must be emailed to support@millionaireagentacademy.com. No REO Rockstars Society refunds will be issued via telephone. You must provide the date of the Monthly Fees for which You are requesting a refund in Your request for cancellation of REO Rockstars Society membership.

7. Restricted Use. All pages within Materials and the Site (including, but not limited, any Material made available for download) are exclusively owned or licensed by MAA and/or its affiliates. The Materials and Site are protected by federal and international copyright and trademark laws and no portion of the Materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of MAA. Access to the Site is for Your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded Materials and shall comply with MAA’s Privacy Policy and Terms of Use found on the Site. Any rights not expressly granted by this Agreement are reserved by MAA.

8. Site Terms of Use. Your access to and use of the Site are subject to MAA’s Terms of Use provided on the Site. Said Terms of Use and MAA’s Privacy Policy (also found on the Site) are specifically incorporated by reference herein. The Terms of Use and Privacy Policy may be found at www.reorockstars.com. By placing an order, purchasing any products or services and/or using this Site or the Materials, You are representing and warranting that You have reviewed both the Terms of Use and Privacy Policy and, further, that You agree to be bound by such policies.

9. Modifications and Changes to Services and/or Site. The software, content, availability and access and all other features, attributes or aspects of the Services and Site are subject to change, modification, additions or deletions at any time without notice in MAA’s or REO’s sole discretion, as the case may be.

10. Links to External Sites. Links from the Site to external sites (including external sites that are framed by REO) or inclusion of advertisements do not constitute an endorsement by MAA or REO (as the case may be) of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Your access to the site is at own Your risk. It is Your responsibility to evaluate the content and usefulness of the information obtained from other sites. It is also up to You to take precautions to ensure that whatever You select for Your use or download from any such other site is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.  Neither MAA nor REO controls such sites, and neither is responsible for their content. You further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by REO’s Terms and Conditions and Privacy Policy. REO expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. You hereby agree to hold REO harmless from any liability that may result from the use of links that may appear on the Site.

11. Your Responsibilities. You agree to comply with this Agreement, our Terms of Use, our Privacy Policy and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify MAA promptly if You suspect unauthorized use of Your account. Until You notify MAA, You remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify MAA immediately in the event You become subject to any lawful order or process that would prohibit or limit Your use of the Service. As a condition of Your use of the Site and Materials, You warrant to MAA that You will not use the Site or Materials for any purpose that is unlawful or prohibited by this Agreement, the Terms of Use, Privacy Policy, or relevant law.

12. Prohibited Activities. You may not modify, reverse engineer, or decompile the Site, Services or Materials or create derivative works based on any of the foregoing. You may not distribute, rent, lease, sell, license, or otherwise transfer any Materials or contents thereof to any other person or entity or make any other commercial use of the Services except as provided for in this Agreement. 

13. Disclaimers. 

(a) General. Your use of REORockstars.com, the reo mastermind society (Including the facebook group thereof), the graduate program, the materials, the site and participation in calls is optional, however, You are strongly encouraged to participate. Not participating in the calls or voluntarily not accessing and utilizing the resources on REOrockstars.com or not reaching out to support or to Mike Costigan for information does not constitute Your "not participating in" or "not receiving REORockstars graduate program membership" for the purpose of refunds. You are accepting the Membership and agreeing to the terms of the Membership and we are offering You what we believe to be of great value in good faith. Many Members use the resources in different ways. Some rarely use them and some use them frequently. Some don't use them at all. We would never insult Your intelligence by telling You that You will make money. Most people lose money on information products like this one. All people are different. We cannot guarantee success. We assume that You are an intelligent person and that You understand this already but we like to be totally transparent about our offerings. We want You to get the most out of the course and the graduate program and we believe that there is a significant value in actually utilizing all of the resources that You are paying for as frequently as needed. Please be sure to use the Site resources and get on the calls and ask questions. We truly want You to get the most that You can out of Your course and REORockstars monthly graduate membership. The rest is up to You. 

(b) Disclaimer of Representations and Warranties. It is Your responsibility to research and determine for Yourself whether or not the subject matter of any Service either owned or marketed by MAA would be suitable and/or profitable for You. While at some times and in some markets, places or business environments, the Services may be profitable, in others they may not. MAA makes no covenants, representations, warranties or guarantees as to the suitability or profitability of the Services. You should consider all statements made by representatives of MAA to be statements of opinion and You should not rely on those opinions in making Your decision to purchase any such Services. MAA makes no covenants, certifications, or promises of any financial gain from Your use of the Services, and expressly disclaims any guaranties of any reward whatsoever, financial or otherwise, from (a) Your purchase or use of the Services; or (b) any advice You might receive as a result of any sort of coaching or consulting embodied in any of the Services. Results in testimonials are not typical. Individual results vary. All content is for informational purposes only. 

THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. MAA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. MAA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. MAA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MAA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. MAA IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

(c) No Affiliation. Neither MAA nor REO is an accredited university or school; nor is either a school of any kind at all. Millionaire Agent Academy is an independent for-profit informational products and services marketing company. Neither Millionaire Agent Academy, LLC nor REO Rockstars is affiliated with or endorsed by Your brokerage or by any bank, financial institution, asset management company, government agency or any type of business that manages real estate owned (REO) properties or distributes them as listing assignments. 

14. Limitation of Liability. IN NO EVENT SHALL MAA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF MAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MAA TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MAA IN THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

15. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by MAA if You are dissatisfied for any reason with the Services is to terminate this Agreement as provided herein and obtain a refund in accordance with Section 6 above.

16. Term and Termination. The term of this Agreement shall commence: (i) For single seat direct purchases via web or phone the term begins at time of purchase; (ii) For subscriptions purchased via activation code, including, via promotion, resellers or multi-seat purchases, the term begins upon activation of the first activation or thirty (30) days from the date of purchase, whichever occurs first.

17. Choice of Law, Venue and Jurisdiction. This Agreement is entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts sitting in Fulton County, Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.

18. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of MAA and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between You, and MAA may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth (5th) day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.

If You have any questions whatsoever or if You do not fully understand any of the terms herein please contact us immediately at support@millionaireagentacademy.com or by phone at (404) 424-8418 before making Your purchase or enrolling in any Membership program. By clicking "I agree", You hereby accept all in this Agreement, the Terms of Use, Privacy Policy, and our refunds policy contained herein.

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