Technology License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY.

WHETHER ENTERED INTO AFTER ELECTRONICALLY CONFIRMING YOUR ORDER FOR TECHNOLOGY; AFTER SIGNING A WRITTEN VERSION OF THIS CONTRACT; AFTER A VERBAL CONFIRMATION OF YOUR TELEPHONIC ORDER HAS BEEN RECEIVED BY FAVORITEAGENT.COM; OR BY ACCESSING FAVORITEAGENT.COM TECHNOLOGY OR DATA ON YOUR COMPUTER; YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Technology License Agreement ("Agreement") as it may be amended by us from time to time in accordance with Section 11 below, between you ("you", "your" or "Customer") and FavoriteAgent.com, a North Carolina Company whose principal office is located at 212 Northstone Place, Fayetteville, NC 28314, ("FavoriteAgent.com", "we", "us", "our") sets forth the terms and conditions of your use of the FavoriteAgent.com Technology and related Services (the "Technology") set forth herein. You and FavoriteAgent.com are collectively referred to in this Agreement as the "parties."

This Agreement sets forth our obligations to you, and your obligations to us with respect to the Technology. When you or someone else with your permission, uses, modifies or cancels the Technology on your behalf (even if we were not notified of such permission), or requests or licenses additional Technology under your account, this Agreement covers any such Technology or actions.

You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as all other applicable License documents which are incorporated herein by reference and include, without limitation, this Technology License Agreement, the Schedule of Licenses and Fees, the Terms of Use, the Privacy Policy, the Cancellation Policy and any additional rules, policies or agreements that are, or may from time to time, be established by FavoriteAgent.com.
  1. Technology and Services. FavoriteAgent.com "Technology" and "Services" (collectively, the "Technology") shall refer to the Technology we offer. Depending on your license agreement, these include, without limitation: FavoriteAgent.com national brand affiliation; our proprietary LCM gateway Internet site; LCM hosting; LCM administration; the agent website link to the FavoriteAgent.com LCM gateway; Agent SimpleSite website; Agent SimpleSite hosting; Agent SimpleSite administration; Pipeline-i Basic, Pipeline-i Professional, Pipeline-i Team, and Pipeline-i Team Virtual Office contact management applications, hosting, and administration; agent coaching services; and any other Technology or Services that FavoriteAgent.com may from time to time add to its offerings. You may not merge any portion of the Technology into, or integrate any portion of the Technology with, any other program, except to the extent expressly permitted by FavoriteAgent.com and the laws of the jurisdiction where you are located. Any portion of the Technology merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included on the originals of the Technology.
  2. Free Version. FavoriteAgent.com may, from time to time and at the company's discretion, offer free Technology to customers and licensees. Customers and licensees are advised to use the free Technology regularly to keep the free accounts active, and FavoriteAgent.com reserves the right to terminate free accounts that remain idle for a period of 60 days. Free Technology may not be provisioned until such time as the customer configures the account and logs in for the first time. It is your responsibility to keep your free Technology in active status by regularly logging into your account.
  3. Multiple-User Version. If you have licensed a "multiple-user" version of the Technology, this Agreement applies to each "user" of the Technology on irrespective of the computer system. The Technology may be accessed from multiple computers, provided however, that each "user" must have his own license of the Technology, which becomes a license only for that specific "user".
  4. Advertising. FavoriteAgent.com's Technology is designed to capture and manage Internet real estate customers. In order for our Technology to work as designed, Internet traffic must be directed to the LCM Gateway site. Ordinarily, Internet traffic is generated by using third-party advertising. There is no requirement in this Agreement that you use a particular source or type of advertising (e.g., pay-per-click). All advertising and Internet traffic generation is your sole responsibility. FAILURE TO DIRECT INTERNET TRAFFIC TO YOUR LCM GATEWAY WILL RESULT IN LITTLE OR NO SUCCESS USING FAVORITE AGENT TECHNOLOGY NOR WILL YOU BE RELIEVED OF YOUR FINANCIAL OBLIGATIONS WITH FAVORITEAGENT.COM.
  5. Fees. As consideration for FavoriteAgent.com Technology, you agree to pay FavoriteAgent.com the applicable fees set forth in the FavoriteAgent.com Schedule of Licenses and Fees at the time you enter your license agreement with FavoriteAgent.com. All fees are due immediately and are non-refundable, except as otherwise expressly noted in the Schedule of Licenses and Fees. We reserve the right NOT to accept payment by check or cash. ALL SALES ARE FINAL AND NOT SUBJECT TO CREDIT CARD REVERSAL. (a) You agree to pay all value added, sales and other taxes, if applicable, related to the Technology provided to you hereunder. All payments of fees for the Technology provided by FavoriteAgent.com shall be made in U.S. dollars. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. (b) In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you acknowledge and agree that the Technology for which such fee has not been paid may be suspended, canceled or terminated, in FavoriteAgent.com's sole discretion. We will reinstate any such Technology solely at our discretion, and subject to our receipt of the applicable service or renewal fee(s) and our then-current reinstatement fee. You agree that all credit card charge backs, or similar non-payments constitute a material breach of this agreement. (c) ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR TECHNOLOGY IS SUSPENDED, CANCELED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. ALL SALES ARE FINAL AND NOT SUBJECT TO CREDIT CARD REVERSAL. (d) FavoriteAgent.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.
  6. Service Term. The initial term for FavoriteAgent.com Technology is set forth in the FavoriteAgent.com Schedule of Licenses and Fees, and is renewable thereafter for such terms as are specified during the renewal process.
  7. Automatic Renewal Process. Unless you affirmatively decline participation, your Technology will be automatically renewed by FavoriteAgent.com. (a) Any renewal of your Technology is subject to our then-current terms and conditions, including, but not limited to, payment of all applicable service fees at the time of renewal. (b) The automatic renewal process is provided as a courtesy and helps to prevent unwanted deletion or deactivation of your Technology and your data records. FavoriteAgent.com will attempt to renew your Technology on or about the renewal date for a duration and fee schedule equal to your expiring term and fee schedule using the credit card designated for such Technology on file with FavoriteAgent.com. The automatic renewal process is provided as a convenience to you but in no way guarantees a renewal. It is your affirmative obligation to renew any desired Technology. Additionally, FavoriteAgent.com has no obligation to renew your Technology if the credit card designated for your Technology is not accepted by FavoriteAgent.com's Merchant Account financial institution. (c) You also acknowledge and agree that if you do not want FavoriteAgent.com's automatic renewal to apply to your Technology, you must affirmatively choose NOT to participate in (i.e., opt out of) this automatic renewal by contacting FavoriteAgent.com customer service by sending an email to CustomerService@FavoriteAgent.com. Your failure to affirmatively opt out of or terminate the automatic renewal process constitutes your authorization and consent for FavoriteAgent.com to automatically charge your credit card at the then-current retail price for such renewal. (d) You acknowledge that you assume all risk and all consequences if you wait until after the end of a Service term to attempt to renew any FavoriteAgent.com Service. If a Service is not successfully renewed prior to the expiration of its then-current term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. You acknowledge that post-expiration renewal or redemption processes implemented on your behalf are subject to our then-current fees. (e) Regardless of whether you are enrolled in any of our automatic renewal processes, you are solely responsible for the credit card and billing contact information you, your agents or Assignees provide to FavoriteAgent.com and you acknowledge and agree that you will promptly inform FavoriteAgent.com of any changes thereto (e.g., change of expiration date or account number). You are solely responsible for ensuring your Technology is renewed. FavoriteAgent.com SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE TECHNOLOGY AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE TECHNOLOGY. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
  8. Intellectual Property Protection; Grant of License. FavoriteAgent.com Technology is the proprietary intellectual property of FavoriteAgent.com. This Agreement does not give you any intellectual property rights in any FavoriteAgent.com proprietary product or service. You will not use any FavoriteAgent.com name, trademark(s), trade name(s), copyright(s), or logo(s) in connection with the operation of your business, except as may be provided for in this Agreement. Neither party shall use the other party's name, trademarks, service marks, or logos in either its own corporate name or in any fictitious name. Neither party nor its employees or agents shall knowingly remove or alter any trademark, service mark, trade name, copyright, or other proprietary notices, legends, or symbols from any of the other party's products or documentation or intellectual property. Your use of all FavoriteAgent.com Technology, service marks, trademarks and other works copyrighted by us is subject to this Technology License Agreement. The Technology is licensed, not sold, to you for use only under the terms of this Agreement. This Technology License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and FavoriteAgent.com (and, to the extent applicable, its licensors), FavoriteAgent.com retains all title to and ownership of the Technology and reserves all rights not expressly granted to you. FavoriteAgent.com grants to you the right to use all or a portion of this Technology provided that (a) you do not distribute the Technology for profit; (b) you only use the Technology in conjunction with our family of products; (c) you do not modify the Technology; and (d) you maintain all copyright notices posted on the Technology.
  9. Decompiling, Disassembling, or Reverse Engineering. You agree not to copy, re-use, disassemble, decompile, or reverse-engineer any of FavoriteAgent.com's proprietary processes, Technology, or any of FavoriteAgent.com's source code, without limitation. You acknowledge that the Technology contains trade secrets and other proprietary information of FavoriteAgent.com. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Technology, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Technology. In particular, you agree not to transmit the Technology or display the Technology's source code on any computer screen or to make any copies of the Technology's source code for any purpose. If you believe you require information related to the interoperability of the Technology with other programs, you shall not decompile or disassemble the Technology to obtain such information, and you agree to request such information from FavoriteAgent.com by emailing Development@FavoriteAgent.com. Upon receiving such a request, FavoriteAgent.com shall determine whether you require such information for a legitimate purpose and, if so, FavoriteAgent.com will provide such information to you within a reasonable time and pursuant to reasonable conditions. In any event, you will notify FavoriteAgent.com of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of FavoriteAgent.com that may be used only in connection with the Technology.
  10. Security. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under that account and in connection with your use of the Technology. You agree to notify FavoriteAgent.com immediately of any unauthorized uses of the account or any other breaches of security. You acknowledge and agree that FavoriteAgent.com cannot and will not be liable for any loss or damage from the failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of you or any of your agents, or assignees, including any damages of any kind incurred as a result of such acts or omissions.
  11. Changes to this Agreement or to Additional Rules or Policies. Except as otherwise provided in this Agreement, you agree that, during the term of this Agreement, we may: (a) revise the terms and conditions of this Agreement; and/or (b) change the Technology provided under this Agreement, in whole or in part, at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the Technology on our website, or upon transmission to you at the e-mail address or postal address (by United States mail) provided by you to us, or such other email address as you may provide in connection with any Technology licensed from us; provided, however, that terms and conditions for new Technology shall be effective immediately upon posting on our website and will be applicable to you when you order such new Technology. Changes in prices or fees will be effective only at the end of any period for which you have prepaid. Your continued use of any FavoriteAgent.com Technology shall constitute your acceptance of this Agreement as modified, as well as additional rules or policies that are or may be published by FavoriteAgent.com, each with the new modifications. If you do not agree to any of such changes, you may request that your Technology be canceled (see our Cancellation Policy). You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by FavoriteAgent.com from time to time. Any cancellation made under this section DOES NOT relieve you of any of your financial obligations due and payable under the Agreement prior to modification. You are solely responsible for staying informed with respect to changes in this Agreement, to include the Schedule of Licenses and Fees, the Terms of Use, the Privacy Policy, which are published online as indicated above, as well as any additional rules or policies that are or may be published by FavoriteAgent.com in our sole discretion. Except as set forth in this Section, no employee, contractor, agent or representative of FavoriteAgent.com or its subsidiaries is authorized to alter or amend the terms and conditions of this Agreement except by means of a written document signed by you and an authorized officer of FavoriteAgent.com.
  12. Ownership of Data. You acknowledge and agree that FavoriteAgent.com owns all databases, compilations, collective and similar rights, title and interest worldwide in our proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to FavoriteAgent.com a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in its business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction, any information you maintain in our databases on our servers in connection with the Technology we provide you. If applicable, you may make one (1) archival copy of any data files for backup purposes only in support of your use of the Technology for each licensed user, provided that you include on each copy a FavoriteAgent.com copyright and other proprietary rights notices included on the Technology.
  13. System Performance Degradation. FavoriteAgent.com depends upon its own and third party computer systems to provide the Technology, and to provide timely information to FavoriteAgent.com's customer service team. Occasionally, these computer systems are subjected to exceptional volumes of data, service requests, or processes that may result in significant degradation of system processing and response time. Regardless of the reason, in those instances when there is system performance degradation, FavoriteAgent.com reserves the right, in its sole discretion, to filter or block data and/or processes originating from or traveling to any computer systems in its control in an attempt to restore system performance to normal.
  14. Limitation of Liability. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF ANY OF THE FAVORITEAGENT.COM TECHNOLOGY IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT FAVORITEAGENT.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR MODIFICATION OF YOUR TECHNOLOGY, (b) USE OF OR INABILITY TO USE THE TECHNOLOGY, (c) INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANY FAVORITEAGENT.COM WEBSITE OR ANY FAVORITEAGENT.COM SERVICE, (e) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND FAVORITEAGENT.COM'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR LCM GATEWAY FORMS, (h) APPLICATION OF ANY APPLICABLE LAW, REGULATION OR FAVORITEAGENT.COM POLICY, (i) DISBURSEMENT OR NON-DISBURSEMENT OF FUNDS BY PAYMENT PROCESSORS; (j) TRANSACTIONS CONDUCTED ON YOUR WEBSITE, INCLUDING FRAUDULENT TRANSACTIONS; (k) LOSS INCURRED IN CONNECTION WITH YOUR TECHNOLOGY, INCLUDING THOSE IN CONNECTION WITH E-COMMERCE TRANSACTIONS; (l) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (m) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING YOUR TECHNOLOGY, OR (n) ANY OTHER MATTER RELATING TO YOUR USE OF THE TECHNOLOGY. FAVORITEAGENT.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT GOODS OR TECHNOLOGY, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FAVORITEAGENT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FAVORITEAGENT.COM'S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE TECHNOLOGY, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  15. Indemnification. You agree to defend, indemnify and hold harmless FavoriteAgent.com, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to your use of or connection to the Technology, including, but not limited to, (a) your order for, registration of, renewal of, or failure to register or renew particular Technology registered in your name; (b) your breach or violation of any term, condition, representation or warranty of this Agreement; (c) your practice of real estate in association with our FavoriteAgent.com brand and/or Technology, or without such association, regardless of whether or not your practice is covered by any errors and omissions insurance policy(s); or (d) your violation of any rights of others.
  16. Disclaimer of Warranties. FAVORITEAGENT.COM TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. FAVORITEAGENT.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TECHNOLOGY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON FAVORITEAGENT.COM'S SERVERS. FAVORITEAGENT.COM FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY (a) THAT THE TECHNOLOGY WILL MEET YOUR SPECIFIC REQUIREMENTS; (b) THAT THE TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) REGARDING ANY GOODS OR TECHNOLOGY PURCHASED OR OBTAINED THROUGH THE TECHNOLOGY OR ANY TRANSACTIONS ENTERED INTO THROUGH THE TECHNOLOGY; OR (d) THAT ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. (e) ANY MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TECHNOLOGY IS DONE AT YOUR OWN DISCRETION AND RISK. (f) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF ANY SUCH MATERIAL. (g) NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY FAVORITEAGENT.COM, ITS EMPLOYEES, LICENSEES OR THE LIKE WILL CREATE A WARRANTY OR GUARANTY, NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
  17. Termination of License. The license granted to you is effective until terminated. You may terminate it at any time by discontinuing use of the Technology currently in your control. The license will also terminate automatically without any notice from FavoriteAgent.com if you fail to comply with any term or condition of this Agreement. You agree upon any such termination to discontinue any use of the Technology. Upon termination, FavoriteAgent.com may also enforce any and all rights provided by law, to include collection of any payment remaining due at the time of termination. The provisions of this Agreement that protect the proprietary rights of FavoriteAgent.com will continue in force after termination.
  18. Suspension, Cancellation, Transfer, or Modification of Technology. You acknowledge and agree that FavoriteAgent.com may suspend, cancel, transfer or modify your use of the Technology at any time, for any reason, at FavoriteAgent.com's sole discretion and without notice to you. You also acknowledge and agree that FavoriteAgent.com shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Technology. Without limiting the foregoing, FavoriteAgent.com may, in its sole discretion, suspend, cancel or transfer your account (a) if you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by FavoriteAgent.com; (b) if you use any FavoriteAgent.com Technology in connection with unlawful activity; or (c) for any other reason deemed appropriate by FavoriteAgent.com at its sole discretion. Cancellations, whether made after electronically confirming your order for Technology, after signing a written contract, or after a verbal confirmation of your telephonic order has been received by FavoriteAgent.com, or by accessing FavoriteAgent.com Technology or data on your computer, do not relieve you of your responsibility to pay monies due and owing in accordance with this Agreement. To protect your data and to protect FavoriteAgent.com from liability, all cancellations by you must be accomplished exactly as set forth in the FavoriteAgent.com Cancellation Policy. You may not transfer your license of the Technology to a third party except as set forth in our Cancellation Policy which is incorporated herein by reference as if fully set out. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Technology, you may not use, copy or modify the Technology, nor may you sub-license any of your rights under this Agreement.
  19. Governing Law and Jurisdiction. This Agreement, the parties' rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the State of North Carolina, as if the Agreement was a contract wholly entered into and wholly performed within the State of North Carolina. You specifically stipulate and agree that only the General Courts of Justice for the State of North Carolina shall have jurisdiction over the parties and over the subject matter of this agreement and any controversies arising out of this agreement.
  20. Notices. Subject to the terms of this Agreement, you agree that, unless other instructions are posted on FavoriteAgent.com's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email, fax, sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. (a) FOR PURPOSES OF GIVING NOTICE UNDER THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT CONTACT INFORMATION MAY ONLY BE UPDATED BY FOLLOWING THE INSTRUCTIONS POSTED ON FAVORITEAGENT.COM'S WEBSITE. FAVORITEAGENT.COM SHALL HAVE NO OBLIGATION TO ATTEMPT TO CONTACT YOU AT ANY ALTERNATIVE POINT OF CONTACT THAT YOU MAY PROVIDE TO FAVORITEAGENT.COM CUSTOMER SERVICE OR OTHERWISE. (b) By providing such contact information to FavoriteAgent.com, you agree that FavoriteAgent.com may use the information you have provided to contact you via email, postal mail, telephone, or fax in any format or manner. FavoriteAgent.com may, but shall have no obligation to, send a single notice by various means of delivery (i.e., fax, email, certified mail, or express mail). In no event shall FavoriteAgent.com be liable to you for choosing to send notice to one address, or by one means of delivery, and not others.
  21. Entire Agreement. This Agreement as well as any additional FavoriteAgent.com rules and policies, together with all modifications thereto, constitute the entire agreement between you and FavoriteAgent.com concerning your use of the Technology, and supersede and govern all prior proposals, agreements or other communications between you and FavoriteAgent.com (including, but not limited to, any prior versions of the Agreement). You also may be subject to additional terms and conditions that may apply when you use third party, affiliate or other FavoriteAgent.com Technology, third-party content or third-party software. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE TECHNOLOGY OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
  22. Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, FavoriteAgent.com may immediately terminate this Agreement and shall have no liability therefore.
  23. General Provisions. The following general provisions shall apply: (a) Should you fail to pay your financial obligations as required by this Agreement, or should you otherwise materially breach this Agreement, FavoriteAgent.com, at its sole discretion, may declare you in default and require you to pay the entire obligation immediately and without prior notice. In the event that FavoriteAgent.com at any time believes that any of its products or Technology are being utilized for unlawful purposes by you, or in contravention of the terms and provisions of this Agreement, FavoriteAgent.com may unilaterally and immediately discontinue your Technology without liability. (b) In the event that you breach this agreement, you agree and stipulate that FavoriteAgent.com shall be entitled to all reasonable costs associated with the collection and enforcement of this contract. These costs include, without limitation, court costs, attorney fees, collection agency fees, merchant bank fees, hourly wages, and any other expenses associated with the collection of monies due under this agreement. Failure to cooperate with the FavoriteAgent.com billing department in the timely resolving of any credit card failure(s) will be deemed a material breach of this agreement and therefore subject to the collection of costs outlined herein. (c) You understand and agree that by placing your data on FavoriteAgent.com's servers, you have granted FavoriteAgent.com a security interest in your data. You agree that FavoriteAgent.com shall have the right, in our sole discretion, to suspend, cancel, or transfer, your account in the event that you fail to pay or otherwise materially breach this Agreement. (d) In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect. (e) This Agreement shall be construed according to its plain meaning. In the event any ambiguity shall be found herein, interpretation shall be based on the intent of the parties, rather than a construction automatically against the interests of the drafting party. As used in this Agreement, the male gender includes the female gender, and the singular noun or pronoun includes the plural. (f) You acknowledge and agree that, to the extent necessary, it is your responsibility to provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and to provide for your own connection to the Internet and pay any third party fees associated with such connection. (g) You agree that FavoriteAgent.com will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. (h) This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Technology.


BY CLICKING ON "I Agree", "Continue", OR "Submit", BY ELECTRONICALLY CONFIRMING YOUR ORDER FOR TECHNOLOGY, AFTER SIGNING A WRITTEN CONTRACT, OR AFTER A VERBAL CONFIRMATION OF YOUR TELEPHONIC ORDER HAS BEEN RECEIVED BY FAVORITEAGENT.COM, OR BY ACCESSING FAVORITEAGENT.COM TECHNOLOGY OR DATA ON YOUR COMPUTER, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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