American Dream Media and Tech Holdings LLC Terms of Service
Email and Texting Policy:
Texting & E-Mailing:
Client shall strictly comply and cause its employees, agents and all other persons under its control to comply with the following procedures for sending email and text messages to individuals, contacts or customers (“Leads”) registered in the Platform:
Under no circumstances may Client (or its employees) contact a Lead in the Platform via email or text message until and unless Client has confirmed and verified that:
3. The Lead has not previously withdrawn consent to be contacted.
Under no circumstances may Client (or its employees) contact a Lead in the Platform that has withdrawn consent or is marked as “Opted Out”. In the event a Lead withdraws consent by requesting that email or text messages stop being sent, Client shall immediately mark the lead as “Opted Out” and discontinue all contact via email or text message.
No Transfer. All right, title and interest in and to the Platform and the Brand/s (American Dream TV, American Dream Media and Tech Holdings LLC and its subsidiaries) shall remain the sole property of American Dream Media and Tech Holdings LLC, including all copyrights, trademarks and other intellectual property herein. Other than as set forth herein, nothing herein shall grant either party any interest in or to the intellectual property of the other party. American Dream Media and Tech Holdings LLC expressly reserves all rights in and to the Platform not expressly granted herein. User shall not resell, sublicense, distribute, offer subscription services or otherwise provide use of the Platform to third parties, staff or other without express written consent form American Dream Media and Tech Holdings LLC.
User agrees to respect and not to remove, obliterate or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on the Platform or any output thereof.
No Modification or Reverse Engineering:
User shall not modify, reverse engineer, disassemble, or decompile the Platform or any portion thereof.
Restrictions on Use of Platform.
User acknowledges and agrees that it shall not access or use the Platform using automated means (bots, spiders, scrapers or similar means or processes) without American Dream Media and Tech Holdings LLC’s express permission or use the Platform in any manner that directly or indirectly interferes with the proper working of or places an unreasonable load on the Platform or American Dream Media and Tech Holdings LLC’s infrastructure. User will not in any manner or by any means extract data from the Platform for storage on a separate server or database. User may not access or use, or allow access or use by any User, the Platform by any competitor of American Dream Media and Tech Holdings LLC without American Dream Media and Tech Holdings LLC’s prior written consent. User may not access the Platform for the purposes of monitoring its availability, performance or functionality or for any other benchmarking or competitive purpose or to build or improve any competitive product or service.
Use of Data:
User further understands and agrees that American Dream Media and Tech Holdings LLC may aggregate and analyze data generated by use of the Platform by User and its other licensees, including but not limited to average unit pricing, housing inventory, average length of time for a property to be on the market in a territory and similar information. American Dream Media and Tech Holdings LLC shall have the right to use, disclose and distribute such aggregate data and statistics to third parties, with or without consideration, in its sole discretion and without any additional payment to User.
Copyrights and Trademarks:
The Platform is protected by intellectual property and other laws, including trademark and copyright laws. The Platform belongs to and is the property of American Dream Media and Tech Holdings LLC and owns and retains all copyrights in the Content. The Content provided on the Platform may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. American Dream Media and Tech Holdings LLC logos, and other marks used by American Dream Media and Tech Holdings LLC from time to time are trademarks and the property of American Dream Media and Tech Holdings LLC.
Information You Provide:
Links to Third-Party Web Sites:
American Dream Media and Tech Holdings LLC does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF BUSINESS OR LOST PROFITS OR GOOD WILL, (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM (i) THE CONTENT OF, USE OF, OR INABILITY TO USE THE PLATFORM, WEBSITE, SERVICES OR ANY OTHER AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC WORK PRODUCT, (ii) THE STORAGE, TRANSMISSION, DELIVERY, TRANSFER, LOSS, BREACH, CONTAMINATION, CORRUPTION, COPYING, USE, OR DISCLOSURE ANY USER DATA OR ANY THIRD PARTY DATA ARISING FROM OR IN CONNECTION WITH THESE TERMS OR THE PERFORMANCE THEREOF, OR (III)ANY BREACH OF THESE TERMS BY AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND/OR DAMAGES. WITH RESPECT TO DIRECT DAMAGES, USER’S REMEDY IS LIMITED TO ONE OF THE FOLLOWING: A REFUND OF USER’S MOST RECENT THREE (3) MONTHS WORTH OF PAID LICENSE AND SERVICE FEES, OR REPAIR/REPLACEMENT OF THE WEBSITE OR PLATFORM, AT AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC’S DISCRETION. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
User shall defend, indemnify, save and hold American Dream Media and Tech Holdings LLC (including the officers, directors, employees, managers, members, owners, contractors, representatives, successors and assigns of American Dream Media and Tech Holdings LLC, LLC) harmless from any and all actions, judgments, damages, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, whether asserted or threatened (collectively, any “Actions”) that arise from or are related to (i) User’s or its Users’ use of the American Dream Media and Tech Holdings LLC Platform, Website and/or Services; (ii) breach of these Terms by User (iii) any claims of infringement or other claims arising from use of the User Branding, Content or provided domain name; and (iv) any claims arising out of any products or services sold or otherwise distributed by User through the Website or Platform, including any personal or property injury and damage. American Dream Media and Tech Holdings LLC shall have the right to participate in the defense or settlement of any such Action at its own expense and with counsel of it’s choosing. User may not settle any Action without American Dream Media and Tech Holdings LLC’s consent and American Dream Media and Tech Holdings LLC, by written notice to User, may elect to undertake its own defense and settlement of any Action; provided, however, in such event, User’s defense obligations with respect to that Action (but not with respect to any other Action) will be deemed excused.
Governing Law and Venue:
The laws of the State of California shall govern these Terms. You agree that any action at law or in equity arising out of or relating to the American Dream Media and Tech Holdings LLC Platform shall be filed exclusively in the state or federal courts located in San Diego County, California, and you hereby consent and submit to the personal jurisdiction of such courts.
AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC SERVICES
IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 17 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH WILL REQUIRE YOU TO RESOLVE ANY DISPUTE WITH AMERICAN DREAM MEDIA AND TECH HOLDINGS LLC ON AN INDIVIDUAL BASIS AND, EXCEPT IN LIMITED CIRCUMSTANCES, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. PLEASE READ IT CAREFULLY.
Use of the Services:
Use of Content:
BY USING THE SERVICES, YOU AGREE NOT TO:
You shall be responsible for all charges as provided via your account. For purchases directly from American Dream Media and Tech Holdings LLC, charges are made against your credit card at the time of purchase and on a monthly basis for ongoing services and programs. In the event you fail to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys’ fees) American Dream Media and Tech Holdings LLC incurs in collecting unpaid amounts. To the fullest extent permitted by law, You waive all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser’s credit card issuer rights). Charges are based solely on American Dream Media and Tech Holdings LLC’s measurements for services and programs. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of American Dream Media and Tech Holdings LLC. Nothing in this Agreement may obligate American Dream Media and Tech Holdings LLC to extend credit to any party.
You acknowledge and agree that any credit card and related billing and payment information that You provide to American Dream Media and Tech Holdings LLC or American Dream Media and Tech Holdings LLC may be shared by American Dream Media and Tech Holdings LLC with companies who work on American Dream Media and Tech Holdings LLC’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to American Dream Media and Tech Holdings LLC and American Dream Media and Tech Holdings LLC and servicing Your account. American Dream Media and Tech Holdings LLC may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. American Dream Media and Tech Holdings LLC shall not be liable for any use or disclosure of such information by such third parties.
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize American Dream Media and Tech Holdings LLC to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). American Dream Media and Tech Holdings LLC may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at:
ADMIN@IGNITENOW.MEDIA by contacting your business consultant, or through your support page in the Platform.
UGC Definition; License Grant.
Certain Third-Party Services
(i) Financial Products. If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize American Dream Media and Tech Holdings LLC (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a “Lender”, you authorize American Dream Media and Tech Holdings LLC) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. American Dream Media and Tech Holdings LLC is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not American Dream Media and Tech Holdings LLC. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. American Dream Media and Tech Holdings LLC: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays American Dream Media and Tech Holdings LLC or the products of any Third- Party Provider that pays American Dream Media and Tech Holdings LLC; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
Additional Terms for Third Party Services
Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(iii) Stripe. Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
Intellectual Property Notices:
The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. American Dream Media and Tech Holdings LLC does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.
If you choose to provide input and suggestions regarding the Services, including related to any American Dream Media and Tech Holdings LLC Materials (“Feedback”), then you hereby grant American Dream Media and Tech Holdings LLC an unrestricted, perpetual, irrevocable, non- exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
Claims of Copyright Infringement. American Dream Media and Tech Holdings LLC respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify American Dream Media and Tech Holdings LLC’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: a. Identification of the copyrighted work that you claim has been infringed; b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. Notices of copyright infringement claims should be sent as follows:
By mail: American Dream Media and Tech Holdings LLC 3131 Camino Del Rio N #190 San Diego, CA 92108 Attention: C.O.O.
By e-mail: ADMIN@IGNITENOWMEDIA.COM If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
Except as preempted by the FAA, this Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Each party agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Diego County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses. This Agreement, including the corresponding Ad Order(s), constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Any notices to American Dream Media and Tech Holdings LLC must be sent to American Dream Media and Tech Holdings LLC LLC, 2275 Rio Bonita Way, San Diego, CA 92108, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser’s account, or by posting a message to Advertiser’s account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Subject to Section 11, unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. American Dream Media and Tech Holdings LLC and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, American Dream Media and Tech Holdings LLC shall not be obligated to return any materials to Advertiser.
The Services are offered by American Dream Media and Tech Holdings LLC and its affiliates, located at 2275 Rio Bonita Way, San Diego, CA 92108. You may contact American Dream Media and Tech Holdings LLC by sending correspondence to that address or emailing CONSUMERCARE@IGNITENOW.MEDIA.