SUBSCRIBER AGREEMENT:
1. I, the subscribing party, also known as “affiliate” (hereafter referred to as Subscriber), contract with Good Fortune Enterprises, LLC and P & L Property Solutions, LLC for website and marketing services, in accordance with the General Terms and Conditions described herein, by which Subscriber agrees to be bound.
2. Monthly payment for this subscriber account is due in advance of services rendered on the same day of the month in which the subscription began. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC billing cycle begins three days prior to the due date. Payment must be received by Good Fortune Enterprises, LLC and P & L Property Solutions, LLC no later than five days after the due date to avoid late payment penalties of twenty five dollars plus ten percent of the monthly subscription fee and possible account suspension. It is the responsibility of the Subscriber to ensure their billing information on file with Good Fortune Enterprises, LLC and P & L Property Solutions, LLC is always current. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC encourages subscribers to provide two or more credit card numbers to ensure timely payment in case of card expiration.
CANCELLATION POLICY: SUBSCRIBERS REQUESTING CANCELLATION OF THEIR ACCOUNTS ARE RESPONSIBLE FOR FOLLOWING THE PROCEDURES DESCRIBED IN OUR FREQUENTLY ASKED QUESTIONS TO DO SO. GOOD FORTUNE ENTERPRISES, LLC AND P & L PROPERTY SOLUTIONS, LLC ACCEPTS NO RESPONSIBILITY FOR CANCELLING SUBSCRIBERS ACCOUNTS. NOTICE OF REQUEST FOR SUBSCRIPTION CANCELLATION BY SUBSCRIBER THROUGH MAIL, EMAIL, CERTIFIED MAIL, FAX, CARRIER PIDGEON OR ANY OTHER HUMAN OR NON-HUMAN FORM OF NOTIFICATION DOES NOT CONSTITUTE A REQUIREMENT BY ANY MEMBER OF GOOD FORTUNE ENTERPRISES, LLC OR P & L PROPERTY SOLUTIONS, LLC TO CANCEL YOUR ACCOUNT. YOU MUST FOLLOW THE PROCEDURE OUTLINED IN THE FREQUENTLY ASKED QUESTIONS. THERE IS NO OTHER WAY TO CANCEL YOUR ACCOUNT.
FURTHERMORE, YOU UNDERSTAND THAT GOOD FORTUNE ENTERPRISES, LLC AND P&L PROPERTY SOLUTIONS, LLC DOES NOT BILL YOU DIRECTLY OR WITHDRAWS FUNDS FROM ANY OF YOUR ACCOUNTS. PAYMENT THROUGH PAYPAL IS INITIATED BY YOU AND CAN ONLY BE CANCELLED BY YOU THROUGH PAYPAL BY FOLLOWING THE PROCEDURE OUTLINED ABOVE. ONCE AUTHORIZED, PAYPAL WILL DEBIT PAYMENT AUTOMATICALLY EVERY 30 DAYS UNTIL YOUR SUBSCRIPTION IS CANCELLED.
3. Accounts continue to incur subscription fees until formally terminated by Subscriber or Good Fortune Enterprises, LLC and P & L Property Solutions, LLC. Failure by Subscribers to make timely payment, as specified in this contract, authorizes Good Fortune Enterprises, LLC and P & L Property Solutions, LLC, immediately and without a requirement of further additional notice to Subscriber, to deny service to Subscriber until full payment by Subscriber has been made to Good Fortune Enterprises, LLC and P & L Property Solutions, LLC. Such suspension of services for failed payment by the Subscriber does not indicate a termination or cancellation of this contract, nor does it relieve Subscriber of his/her obligation of continued payment prior to contract termination or cancellation. Should Subscriber fail to make payment as specified in this contract, Subscriber further agrees to reimburse Good Fortune Enterprises, LLC and P & L Property Solutions, LLC for any expenses related to the collection of payments from Subscriber, plus reasonable interest. These expenses may include but are not limited to reconnection fees, court costs, legal fees, and outside collection agency charges.
4. Subscribers will be notified in advance of any rate increase and subscriber is under no obligation to remain a subscriber.
5. REFUND POLICY: Termination of an Good Fortune Enterprises, LLC and P & L Property Solutions, LLC account will be effective immediately upon receipt of notification of subscription cancellation. (Cancellation procedures can be found above in section 2.)
PLEASE NOTE: NO FUNDS WILL BE REFUNDED OR PRORATED AFTER THE FIRST 30 DAYS OF SERVICE.
6. Access to services provided by Good Fortune Enterprises, LLC and P & L Property Solutions, LLC by anyone other than those not specifically listed in this contract, is strictly forbidden without express, written permission by Good Fortune Enterprises, LLC and P & L Property Solutions, LLC. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC is not responsible in any manner for servicing the subscribers computer (hardware or software), telephone line, system configuration, or teaching the subscriber how to operate their own computer system. Although we will attempt by our best means to assist Subscribers, sole responsibility for these items lies with the Subscriber and the respective manufacturer.
7. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC makes no guarantee of uptime or availability of service, but shall uphold a best effort of making available content, access to information and services as implied by Good Fortune Enterprises, LLC and P & L Property Solutions, LLC.
8. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC agrees to limit subscription to one company or individual per market, but reserves the right to define each market based upon criteria such as geographic area or population. Should an overlap of markets occur, Good Fortune Enterprises, LLC and P & L Property Solutions, LLC reserves the right to arbitrate an equitable solution. In all cases the rights of the subscriber with tenure shall have overriding seniority.
9. The Subscriber specifically agrees and understands that Good Fortune Enterprises, LLC and P & L Property Solutions, LLC does not guarantee quality or number of leads or other services and that an Good Fortune Enterprises, LLC and P & L Property Solutions, LLC subscription should be an integral part of a comprehensive marketing plan.
10. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC is a web-content publishing entity and as such may not be held liable for the conduct or business dealings of it’s subscribers. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC shall not be held responsible for or make any warrantee of accuracy regarding any content or information submitted by subscribers. Any submission of false or misleading information, lude or inappropriate dialog may be grounds for cancellation of service.
11. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC is not a franchise. Subscribers do not own nor lease the name Good Fortune Enterprises, LLC and P & L Property Solutions, LLC or any asset of Good Fortune Enterprises, LLC and P & L Property Solutions, LLC including but not limited to www.we-buy-and-sell-homes.com, www.we-buy-houses-nationwide.com or www.nationwidehomebuyer.com, www.homebyr.com, www.ibuyhomes.ws and www.webuyfloridahomescash.com.
12. Subscribers are expected to conduct business in a legal, ethical, and responsible manner. Multiple complaints from, but not limited to: The Better Business Bureau, The Attorney General’s office, sellers of houses, and buyers of houses will result in immediate termination from Good Fortune Enterprises, LLC and P & L Property Solutions, LLC. Additionally, Good Fortune Enterprises, LLC and P & L Property Solutions, LLC reserves the right to cancel the service of any subscriber for any reason.
13. Site content and features may be changed and improved over time. Subscribers consent to allow Good Fortune Enterprises, LLC and P & L Property Solutions, LLC to send advertisements of goods and services as we deem beneficial to our subscribers in any manner of delivery and at our sole discretion. The main focus of the website will be to help educate home sellers about the benefits of selling their home to Good Fortune Enterprises, LLC and P & L Property Solutions, LLC subscribers.
14. Continual efforts will be made on the part of Good Fortune Enterprises, LLC and P & L Property Solutions, LLC to keep our website listed on the first page of major search engines with a combination of search results, pay per click, and banner ads for keywords appropriate for homeowners interested in selling to investors. It is understood by all parties that these efforts will continue so long as Good Fortune Enterprises, LLC and P & L Property Solutions, LLC deems it to be a cost effective method of advertising.
15. This agreement is subject to change by Good Fortune Enterprises, llc and P&L Property Solutions, LLC, in its sole discretion, at any time, without prior notice.
Grant of license to Subscriber based upon the Subscriber's agreement to adhere to the terms of use as outlined in this agreement, Good Fortune Enterprises, llc and P&L Property Solutions, LLC grants and conveys to the Subscriber, during the term of Subscriber's Subscription, a non-exclusive, non-transferable license to use the data, information and services provided through the Good Fortune Enterprises, llc and P&L Property Solutions, LLC websites subject to the license restrictions detailed below. License Restrictions Subscriber represents, warrants, affirms and agrees that the data, information and services provided by Good Fortune Enterprises, llc and P&L Property Solutions, LLC to Subscriber will only be used by Subscriber and that Subscriber will not permit or allow the data, information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity.
Subscriber further represents, warrants, affirms and agrees that Subscriber will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by Good Fortune Enterprises, llc and P&L Property Solutions, LLC to Subscriber in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
1. Use other than Subscriber's own personal use, no commercial purpose or use is permitted;
2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product of any kind;
7. Extracting, selecting or drawing out any data element for any use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
11. Debt collection;
12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.
Proprietary rights Subscriber represents, warrants, affirms and agrees that the data, information, services and Good Fortune Enterprises, llc and P&L Property Solutions, LLC names are proprietary information and property of Good Fortune Enterprises, llc and P&L Property Solutions, LLC, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Subscriber's subscription only allows Subscriber to use the data, information and services subject to the express limitations and restrictions provided for in this agreement.
Consequences of Non-Compliance with agreement at any time that Good Fortune Enterprises, llc and P&L Property Solutions, LLC believes, in its sole discretion, that Subscriber has violated any term, condition, restriction, permitted use or limitation provided in these agreement, Good Fortune Enterprises, llc and P&L Property Solutions, LLC may immediately terminate Subscriber's subscription. Terminated subscriptions will NOT be refunded nor will any proration of funds be issued by Good Fortune Enterprises, llc and P&L Property Solutions, LLC. SUBSCRIBER FURTHER AGREES TO PAY A COMPENSATORY FEE OF $175 PER LEAD that Good Fortune Enterprises, llc and P&L Property Solutions, LLC in its sole discretion has found to have been resold, shared or disseminated to any 3rd party in any manner whatsoever. In no way does this agreement limit the damages of any legal action brought by Good Fortune Enterprises, llc and P&L Property Solutions, LLC against violators of this agreement.
16. The Subscriber fully understands and agrees to become a party to and shall abide by all rules, terms and conditions contained herein and that such rules, terms and conditions may change from time-to-time without notice from Good Fortune Enterprises, LLC and P & L Property Solutions, LLC to the subscriber.
17. If a dispute arises between the parties hereto regarding the meaning of Agreement, or an alleged breach thereof, the parties agree to resolve the dispute through the mediation and arbitration procedures below in lieu of litigation.
a) MEDIATION. The parties agree to use the following mediation procedures prior to any party pursuing arbitration:
1) A meeting shall be held promptly between the parties, attended by individuals with decision making authority regarding the dispute, to attempt to good faith to negotiate a resolution of the dispute;
2) If, within ten (10) days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will appoint a mutually acceptable certified mediator from Wake County, North Carolina, seeking assistance in resolving the dispute, said mediation to occur on or before thirty days from the expiration of the above ten day period. In the event the parties are unable to agree upon a mediator within five days from the above ten day period, a mediator shall be appointed by the Presiding Judge of Wake County, North Carolina. The fees of the mediator shall be shared equally by the parties.
b) BINDING ARBITRATION. If the parties are not successful in resolving the dispute through mediation, then the parties agree that all such claims or controversy shall be resolved by final and binding arbitration in Wake County, North Carolina, in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date when the claim or controversy first arises. Either party must communicate its request for arbitration under this section in writing (Arbitration Notice) to the other party within one hundred twenty (120) days from the date of the conclusion of the unsuccessful mediation. Failure to communicate the Arbitration Notice within said 120 days shall constitute a waiver of any such claim of controversy. All claims or controversies subject to arbitration under this section shall be submitted to an arbitration hearing within ninety (90) days from the date the Arbitration Notice is communicated by either party. All claims or controversies submitted to arbitration under this section shall be resolved by on (1) arbitrator who is licensed to practice law in the State of North Carolina and who is experienced in the arbitration of real estate disputes. The arbitrator will be selected solely by Good Fortune Enterprises, LLC and P & L Property Solutions, LLC and will be certified to perfom arbitration from Wake County, North Carolina. Good Fortune Enterprises, LLC and P & L Property Solutions, LLC in its sole discretion will decide if the proceedings will be recorded. The arbitrator shall issue a decision on any claim or controversy within thirty (30) days from the date the arbitration hearing is completed and such decision shall be final and binding on all parties. The parties shall have the right to be represented by legal counsel at any arbitration hearing. The costs of any arbitration hearing, including attorney's fees incurred by both parties (including any costs, expenses or attorney's fees incurred in filing any lawsuit to compel arbitration) shall be paid by the losing party of parties. The arbitration provisions in this section are subject to the Federal Arbitration Act, 9 U.S. C. 1, et seq. Or any successor provisions, and may be specifically enforced by any party, and submission to arbitration proceedings may be compelled by any District Court in Wake County, North Carolina. The decision of the arbitrators may be specifically enforced by any party in any District Court of Wake County, North Carolina.
c) Notwithstanding anything herein to the contrary, this mediation/arbitration clause shall not act as a bar to any applicable statute of limitations with regard to any claim or controversy asserted by any party of parties herein
EXCEPT AS OTHERWISE PROVIDED ABOVE, THE SUBSCRIBER AGREES TO WAIVE ANY RIGHT THEY MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL AND THE OPPORTUNITY TO LITIGATE CLAIMS IN COURT, BEFORE EITHER A JUDGE OR JURY OR TO PARTICIPATE IN A LAWSUIT OR BE REPRESENTED BY OTHERS IN COURT (INCLUDING CLASS ACTIONS).
18. If any section of this contract is deemed to be unenforceable, the rest of the contract will remain intact.
