2. CONTENT. The client agrees that all site content included in the scope of the site build (page content, blog posts, agent biographies, listings, logos, images, testimonials, etc.) will be provided by the Client to VIRTUAL RESULTS™ LLC within 10 days of contract date. The Client understands and agrees that any delays in providing content within this time period will not delay the completion of the site build. Client can provide content at a later date to VIRTUAL RESULTS Support (support@virtualresults.net) to add to the site at the cost of $75/hour, or the client can add the content themselves, and will be able to view instructional webinars and support tutorials free of cost. By initialing below, the client states that he/she agrees to these terms.
3. COST. Notwithstanding any prices listed in literature or on Web pages, the client and VIRTUAL RESULTS™ LLC agree that the setup fee detailed in the scope of this contract shall be completed for the agreed upon setup fee (selected below), not to include additional content or pages required by Client, as specified in Article (4). This assures client understands any additional charge above and beyond the price listed above.
4. ADDITIONAL SERVICES and CHARGES. The terms and conditions set forth in this document constitute the sole agreement between VIRTUAL RESULTS™ LLC and the Client regarding this Web site. Any additional work not specified in this contract must be authorized in writing. Should the Client desire additional Web pages or Web Design beyond those included in the scope of the site, the Client agrees to pay VIRTUAL RESULTS™ LLC an additional $75/page for content or $150/hour for additional design and development.
5. PAYMENT. Client agrees to pay to VIRTUAL RESULTS™ LLC a NON-REFUNDABLE AQUISITION and SETUP FEE (detailed in site selection field below), due immediately. VIRTUAL RESULTS™ LLC reserves the right to remove website from viewing on the Internet if payment is missed or declined. Monthly Hosting will begin at time of launch or 30 days after contract date (whichever comes first). In the event that Client activity (or lack thereof) results in the delay of website launch, the Client understands and agrees that the MONTHLY CHARGES, as specified in Article (6) will be activated, and may become immediately due and payable to VIRTUAL RESULTS™ LLC. Should collection activities become necessary, the Client agrees to pay all fees relating to said activity.
6. MONTHLY CHARGES. Client understands and agrees that VIRTUAL RESULTS™ LLC affiliates offer VIRTUAL RESULTS™ LLC a significant savings over retail on their web programs and services. VIRTUAL RESULTS™ LLC offers these savings to Client. Client authorizes VIRTUAL RESULTS™ LLC to charge client a monthly fee to include Hosting, Happy Grasshopper services, access to webinars, training & network updates, Virtual Results Support and third party services, detailed below:
7. CANCELLATION. Client understands and agrees to an initial service of 6 months. Client has the right to cancel their services with VIRTUAL RESULTS™ LLC at any time after the completion of the initial 6 month period. Cancellations must be submitted in writing to support@virtualresults.net, at least 7 days prior to bill date to avoid next monthly charge. If any portion of the setup fee or monthly hosting for the initial 6 months is owed at time of cancellation, the remaining balance is immediately due and will be charged.
8. AFFILIATE PROGRAMS. Client agrees that VIRTUAL RESULTS™ LLC uses affiliate software programs, such as, but not limited to Diverse Solutions IDX, IDX Broker IDX, Sales Aspects, Happy Grasshopper Email Marketing and Altos Research Market Information Reporting Service in their website design. VIRTUAL RESULTS™ LLC does not warrant the functionality of these affiliate programs will meet Client expectations of functionality, site traffic or resulting business. Client has the right to cancel these services at any time. If Client chooses to cancel an affiliate program contained within the Virtual Results website and would like to replace it with a similar program, client is responsible for finding a suitable replacement and will incur all design and development charges to incorporate this new technology into the VIRTUAL RESULTS™ LLC website. VIRTUAL RESULTS™ LLC reserves the right to approve or deny all aforementioned software. VIRTUAL RESULTS™ LLC uses outside hosting partners for all of its Website Hosting. Client agrees to hold VIRTUAL RESULTS™ LLC harmless for hosting.
9. SUBCONTRACTING. VIRTUAL RESULTS™ LLC reserves the right to assign other Web designers or subcontractors to this project.
10. WARRANTIES AND LIABILITY. VIRTUAL RESULTS™ LLC does not warrant that the functions of the web site will meet the client’s expectations of site traffic or resulting business. In no event will VIRTUAL RESULTS™ LLC or its sub-contractors be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or Web site, even if VIRTUAL RESULTS™ LLC has been advised of the possibility of such damages. Client agrees to defend, indemnify and hold VIRTUAL RESULTS™ LLC harmless from and against any and all claims, losses, liabilities and expenses (including lawyers’ fees) related to or arising out of the services provided by VIRTUAL RESULTS™ LLC under this Agreement or client breach of the terms of this Agreement, including, without limitation, claims made by third parties (including clients of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by VIRTUAL RESULTS™ LLC, but excluding those related to the negligence of VIRTUAL RESULTS™ LLC.
11. TRADEMARKS & COPYRIGHTS. The Client represents to VIRTUAL RESULTS™ LLC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to VIRTUAL RESULTS™ LLC for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend VIRTUAL RESULTS™ LLC from any claim or suit arising from the use of such elements furnished by the Client. Copyright to the assembled work of Web pages produced by VIRTUAL RESULTS™ LLC is owned by VIRTUAL RESULTS™ LLC.
12. LITIGATION. All disputes arising from this contract will be litigated or arbitrated in Orange County, California. This Agreement shall be governed and construed in accordance with the laws of the State of California. TO THE FULL EXTENT PERMISSIBLE AT LAW, VIRTUAL RESULTS™ LLC DISCLAIMS ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY MATERIAL APPEARING IN THE PRODUCT, OR FROM ANY ACTION TAKEN AS A RESULT OF USING THE PRODUCT OR ANY SUCH MATERIAL. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL VIRTUAL RESULTS™ LLC BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE HOSTING FEES CHARGED OR ALLOCABALE TO THE THREE MONTH PERIOD PRIOR TO TERMINATION.
13. PRIVACY. VIRTUAL RESULTS™ LLC will never supply personal information, such as name, address, telephone number, email address or other specific personal identifying information to any party other than the IDX provider or Market Stats account provider without Client’s express prior consent. VIRTUAL RESULTS™ LLC may store the information provided as part of the registration process and use it to inform Client about other products and services, unless Client notifies VIRTUAL RESULTS™ LLC that they do not wish to receive this information or opts out of email updates.
14. RESPONSIBILITY. Client is responsible for all use of the Product made using their username and password, whether or not such use is made by client or by someone else using the account. Client is responsible for protecting and securing their username and password from unauthorized use. If client believes there has been unauthorized use of username or password, Client should change the password and notify VIRTUAL RESULTS™ LLC immediately.
Client agrees to use the services offered by VIRTUAL RESULTS™ LLC in a manner consistent with all applicable local, state/provincial and federal laws and regulations. Client will not knowingly or unknowingly submit to VIRTUAL RESULTS™ LLC for publication any of the following material (including pictures, links, or any other content): (a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others; (b) any material that is libelous or slanderous; (c) any material which is or contains anything obscene or pornographic; or (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO BECOME FAMILIAR WITH AND TO COMPLY WITH ALL LAWS THAT MIGHT RELATE TO MATERIALS CONTAINED ON HIS/HER WEBSITE. Due to the public nature of the Internet, all material submitted by Client for publication will be considered accessible by the public. VIRTUAL RESULTS™ LLC will not screen in advance any material submitted for publication. VIRTUAL RESULTS™ LLC’s publication of material submitted by Client shall not be deemed to be an express or implied approval by VIRTUAL RESULTS™ LLC of such material, nor shall it indicate that such material complies with the terms of this Agreement.
15. VALIDITY: If any Article, Section, paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth herein. VIRTUAL RESULTS™ LLC represents and warrants that it has the necessary expertise and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform its obligations under this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal laws. (If an individual) Client hereby represents and warrants that they are eighteen (18) years of age or older, and under no disability that would render them unable to enter into, be fully bound by and able to fully perform the obligations in accordance with the provisions of this Agreement. OR (If a corporation) Client hereby represent and warrant that they have the power to enter into and perform the obligations under this Agreement, and that the performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal laws.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below:
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