TERMS OF SERVICE AGREEMENT
RTV, Inc., is a Michigan corporation with its principal office at 160 East State Street, Suite 104, Traverse City, MI 49684 and hereinafter referred to as "RTV", or "Company".
RTV provides virtual tour marketing materials through its Marketing Control Panel located within the Company's website. Through the Marketing Control Panel, the Company provides the option to access two sets of marketing materials. These marketing materials include:
(1) Dealer Start-up Marketing Materials, offered to new and existing RTV Dealers at no charge as long as the dealer is in good standing with the Company; and
(2) Inner Circle Membership Marketing Materials, offered to dealers in good standing with the Company through purchase or subscription fees.
BY VISITING OR USING RTV'S MARKET CONTROL PANEL WITHIN THE COMPANY'S WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS CONDITIONS. YOU ARE ALSO AGREEING THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND RTV.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT VISIT OR USE RTV's MARKETING CONTROL PANEL.
Service Agreement -- Dealer Start-up Marketing Materials (FREE)
The following is the terms of the service agreement between RTV, Inc. ("Company") and the RTV Dealer ("Dealer") accessing the RTV's free Dealer Start-up Marketing Materials through the Company's Marketing Control Panel Web site (the "Site"). If you do not agree to these terms, you will not be able to review or download any of offered materials, so please review these terms carefully:
Introduction. Dealer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the free marketing materials and information provided by or through the Site. This Contract supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to materials and information provided by or through the Marketing Control Panel and the Dealer Start-up Marketing Materials Sites. Dealer agrees to review this Contract prior to accessing the Marketing Control Panel for the purpose of copying, reading, or downloading any of the free materials or information. Each and every time such materials or information is accessed, this action shall be deemed acceptance of this Contract.
Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Dealer Start-up Marketing Materials are protected under applicable copyrights, trademarks, and other proprietary rights. The Company grants the Dealer the right to copy, redistribute, use, reformat, edit or publish the Dealer Start-up Marketing Materials as long as the context of this use is in support of the RTV Dealer' virtual tour business and as long as the Dealer is in good standing with the Company. Nothing in this section conveys the right to use or transfer any of the Company's intellectual rights. The Company hereby reserves the right to unilaterally, immediately and without notice, written or otherwise, revoke any right Dealer has acquired consistent with this section for any actual or perceived misuse by Dealer.
Service Agreement - Inner Circle Membership Marketing Materials (FEES REQUIRED)
The following is the terms of the service agreement between RTV, Inc. ("Company" or "RTV") and the RTV Dealer ("Dealer") purchasing the RTV's Inner Circle Membership Marketing Materials through the Company's Marketing Control Panel Web site (the "Site"). If you do not agree to these terms, you will not be able to purchase or subscribe to anything, so please review these terms carefully:
Introduction. Dealer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, marketing materials, services and information provided by or through the Site. This Contract supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings between Company and Dealer with respect to the goods, marketing materials, services and information provided by or through the Marketing Control Panel and the Inner Circle Membership Marketing Materials Sites, and the subject matter of this Contract. Dealer agrees to review this Contract prior to purchasing anything within the Marketing Control Panel Site. Each and every time such good, marketing material or service is purchased, this act shall be deemed acceptance of this Contract.
Credit Card Policy. Dealer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Dealer will be honored by the Dealer's credit card Service Provider and (iii) Dealer will indemnify Company for any credit card charge-back filed by or on behalf of the Dealer and (iv) Dealer understands that in the event a credit card charge-back is filed, Dealer's account will be placed with a third party collection agency or attorney and (v) Dealer shall pay charges incurred by Dealer at the amounts in effect at the time incurred, including all applicable taxes, collection fees, actual attorney fees, interest and any additional fee incurred by the Company in the attempt to collect upon Dealer's debt. Dealer shall be responsible for all charges incurred through use of Dealer's password. Dealer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of Dealer's password, although, under no circumstances shall Company be obligated to protect Dealer from unauthorized use of Dealer's password and is hereby released from any such obligation by Dealer.
Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Inner Circle Membership Marketing Materials Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Dealer of any such content or any part of the Site is prohibited unless Dealer has a specific agreement to do so, such as an appropriate subscription to applicable material. Permission and use of Inner Circle Membership Marketing Materials is strictly limited to the use, promotion, marketing of the Dealer's RTV virtual tour and related business services. Permission and use of these materials for the redistribution to other RTV Dealers, competitors, or other third party entities is hereby expressly forbidden. Violation of this restriction is a Federal criminal offense under the Copyright Laws of the United States of America. Company hereby reserves the right to unilaterally, immediately and without notice, written or otherwise, revoke any right Dealer has acquired consistent with this section for any actual or perceived misuse by Dealer.
Release of Liability. Dealer gives Company, their assigns, licensees, and legal representatives the irrevocable right to use Dealer's picture, portrait, or photograph in all forms and media and in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and Dealer waives any right to inspect or approve the finished version(s), including written copy that may be created in connection therewith.
Dealer agrees for Dealer's self, Dealer's clients, and all of Dealer's family and heirs, to RELEASE Company from all liability, claims, demands or any causes of action of any kind, in tort or in contract, which may arise as a result of utilization of services in any form and media and in any manner, including composite or distorted representations, for advertising, trade, or any other lawful purposes. In the event that it is found by a court of law, or otherwise, that Dealer was not legally able to release Company from liability on behalf of Dealer's clients, then Dealer agrees to indemnify Company from any and all losses sustained as a result of Dealer's representation to the contrary, including but not being limited to the reimbursement of actual attorney fees and other costs incurred by Company.
Dealer is of legal age and agrees that Dealer has read this release and is fully familiar with its contents.
Editing, Deleting, and Modification. Company reserves the right to, in its sole discretion, edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without any prior notice. Modification of this Contract will be deemed effective upon publication on the Site and Dealer agrees to be bound by such revisions. If Dealer objects to any future modification of this contract, then Dealer's only recourse is to cease use of the Website and services provided by Company.
Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time for any reason. Sale of any goods or services is subject to availability.
Indemnification. Dealer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including actual attorney's fees, related to a Dealer's violation of this Contract or use of the Site.
Non-Transferable. Dealer's right to use the Service and/or Site is not transferable and is subject to any limits established by Company or by Dealer's credit card service provider.
Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND DEALER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE DEALER FOR THE PARTICULAR ITEMS OR SERVICES PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND DEALER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Refund Policy. Inner Circle Membership Marketing Material purchases and subscription fees (as further defined on the Site or herein) are NON-REFUNDABLE. Once Dealer has gained access to the Inner Circle Membership Marketing Materials and products, the Dealer hereby waives all right he/she may have had to such purchase and subscription fees.
Returned Check Policy. It is understood and agreed that upon presentation of a check as the form of payment for products provided by Company, that I (Dealer) am entering into a contractual agreement that obligates me and holds me responsible for any and all penalties, costs, and incidental damages allowable under law, but not limited to, return check charges, state surcharges, interest, collection costs, legal expenses, attorney fees and expenses incidental to the principal obligation on any check that is returned non-payable. Any check returned unpaid for any reason will not be re-deposited. Dealer agrees to pay the full amount of the check plus a returned check fee of $25.00 for amounts up to $50, $30 for amounts between $50 and $300, or $40 if the face value exceeds $300, within 5 business days of the date that the check was returned unpaid. Payment must be made in the form of cash or certified check. If payment is not received within five (5) business days, Dealer understands and agrees that Company will charge an additional 1.5% late payment fee upon the sixth (6th) business day and an additional 1.5% per month thereafter. Dealer understands and agrees that if upon the fifteenth (15th) business day, the returned check remains unpaid Company may turn over the dishonored check and all other available information relating to this incident to the State Attorney (or local prosecutor when appropriate) for criminal prosecution. Dealer may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, as service charge, courts costs, reasonable attorney fees, and incurred bank fees. as provided in Michigan Statutes.
Use of Information. Company reserves the right, and Dealer hereby provides Company with all requisite right and authority, to the use and assignment of all information regarding Dealer's use of the Site and all information provided by Dealer, subject to applicable law.
Miscellaneous. This Contract shall be treated as though it were executed and performed in Traverse City, Michigan, in the County of Grand Traverse, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Michigan (without regard to conflict of law principles). Any cause of action subject to Federal Jurisdiction will be brought before the United States District Court located in Grand Rapids, Michigan. Any cause of action of Dealer with respect to the Site or services provided by Company must be instituted within six (6) months after purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Grand Traverse County, Michigan and Dealer expressly submits to the jurisdiction of said courts and Dealer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Advertising Policy. Dealer understands that Company, its employees, representatives, owners and contractors are not licensed to sell (or list for sale) real estate of any kind. It is client's sole responsibility to comply with all applicable laws regarding the sale and advertising of real estate. COMPANY WILL NOT BE RESPONSIBLE TO DEALER FOR FEES OR FINES IMPOSED ON DEALER WHICH ARE ASSOCIATED WITH THE ADVERTISING OF DEALER'S SERVICES AND/OR MARKETING MATERIAL. Company does not guarantee that our services will ensure a sale of any Dealer Services.
Information is sold as an educational reference only. It is designed to provide accurate and authoritative information in regard to the subject matter discussed. It is sold with the understanding that the publisher and author are not engaged in rendering any legal, accounting or other professional services herein. If such assistance is required, the services of a professional within such field should be sought and Dealer hereby acknowledges that he/she had an adequate opportunity to seek such assistance.
All informational products are sold as information only. The Company has forthrightly and sincerely presented this information on the subject to the best of his knowledge as of the date of publication. The Company takes no responsibility in the business dealings pursued by readers of this publication and makes no income guarantees. As with any business, success is a function of the readers' work ethic, actions and ingenuity in implementing the information outlined herein. The Company shall not be liable for any contacts, negotiations, agreements or contracts that may result from information in this publication or for any damage caused or alleged to have been caused in any manner from this information.
It is recommended that the reader rely on his or her own judgment and experience in the utilization of any of the ideas, techniques or suggestions contained in publications.
Dealer Representations to Company:
Inner Circle Membership Fees
I understand that there are membership fees to receive the Inner Circle Membership Marketing Materials and subscription services. These fees may be purchased in one of four available packages. Once purchased, these fees are NON-REFUNDABLE.
(1) MONTHLY MEMBERSHIP SUBSCRIPTION $39.00 (Recurring)
(2) 3-MONTH MEMBERSHIP SUBSCRIPTION $117.00 (Recurring)
I understand that there is a recurring membership fee to continue my subscription as follows:
Monthly membership subscription at a recurring fee of $39 every 30 days
3-month membership subscription at a recurring fee of $117 every 90 days
I understand that my credit card will be charged automatically at the end of my subscription period and I agree to pay a recurring fee to continue my RTV Inner Circle Marketing membership as a recurring charge to my credit card until I notify RTV of my decision to upgrade, downgrade or terminate my membership subscription service.
Upgrading, Downgrading or Terminating Membership Subscription Services
I understand that I can upgrade, downgrade or terminate my membership subscription at any time by emailing firstname.lastname@example.org. I further understand that change or termination requests must be received at prior to the expiration of my subscription period.
Through each membership period, Dealer will have access to Inner Circle Membership Marketing Materials that has been designed exclusively for RTV Dealers and I (Dealer), hereby confirm that I am an active RTV Dealer or agent.
I further understand and agree that should I choose not extend or renew my Inner Circle Membership with one of above listed packages, I will no longer have access to the Inner Circle Marketing Materials web Site. Company hereby reserves the right to unilaterally, immediately and without notice, written or otherwise, revoke access or refuse membership subscription renewals for any reason. Access to this Site without a valid membership subscription is a Federal criminal offense under the Copyright Laws of the United States of America.