Terms & Conditions

Sell Signal shall provide the following seller appointment services to Customer:

1. Sell Signal shall provide seller appointments to Customer as they are screened and become available. The number of seller appointments will fluctuate based on Sell Signal's ability to generate them. Customer will be billed the per-appointment rate quoted by Sell Signal during engagement for each appointment delivered.
2. All seller appointments provided under these Terms & Conditions will have been contacted by Sell Signal prior to delivery to Customer. All such contact is conducted on behalf of Customer and may include, without limitation, outreach to schedule appointments.
3. Customer shall pay Sell Signal an initial non-refundable setup fee in the amount quoted by Sell Signal during the engagement process.

Sell Signal shall use reasonable efforts to meet any performance timelines referenced in these Terms & Conditions; all such timelines are estimates only. Seller appointments shall be provided from the commencement of the term until termination as set forth herein (the "Term"). The Term begins on the date Customer's credit card on file with Sell Signal is first charged, or the initial payment (including any setup fee) is otherwise applied. All payments for each seller appointment are deemed fully earned by Sell Signal at the time such appointment is delivered, and Customer shall be charged accordingly.

Customer shall:

1. Cooperate with Sell Signal in all matters relating to the Services as may reasonably be requested by Sell Signal;
2. Respond promptly to any Sell Signal request for direction, information, approvals, authorizations, or decisions reasonably necessary for Sell Signal to perform the Services;
3. Provide such materials or information as Sell Signal may reasonably request to carry out the Services in a timely manner, and ensure that all such materials and information are complete and accurate in all material respects;
4. Obtain and maintain all necessary licenses and consents, and comply with all applicable laws in relation to the Services, prior to the date on which the Services are to begin; and
5. Understand and agree that seller appointments provided by Sell Signal may request a phone, online, or in-person appointment at the seller's discretion. Sell Signal cannot guarantee that any seller appointment will utilize Customer's services, agree to a listing presentation, or produce any other specific outcome for Customer.

A Customer may request to pause their account for a maximum period of four (4) weeks or thirty (30) calendar days, whichever occurs first. If no written notice or approved extension is received by Sell Signal before expiration of the pause period, the account shall automatically reinstate to active status without further notice. Sell Signal assumes no liability for any activity, charges, or account actions that occur following automatic reinstatement.

If Sell Signal's performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, Sell Signal shall not be deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained by Customer, to the extent arising directly or indirectly from such prevention or delay.

1. In consideration of the Services provided by Sell Signal and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in Section 2 of these Terms & Conditions.
2. Customer's credit card on file with Sell Signal shall be charged upon delivery of each seller appointment. All payments shall be made in US dollars.
3. In the event the credit card on file is declined or payment is not received by Sell Signal within thirty (30) days after becoming due, Sell Signal may: (i) charge interest on any unpaid amounts at a rate of 1.5% per month, or if lower, the maximum rate permitted under applicable law, from the due date until paid in full; and (ii) suspend performance of all Services until payment has been made in full.

Customers who participate in co-marketing arrangements understand and agree that the relationship between Customer and any co-marketing lender is strictly limited to a cost-sharing arrangement under which the lender pays a portion of the fees for the Services. Customer remains responsible for any amounts not paid by the co-marketing lender. In the event a co-marketing lender fails to pay amounts billed by Sell Signal, Sell Signal will charge Customer the outstanding balance due.

Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer under this Agreement.

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all goodwill associated therewith, and all derivative works and other rights (collectively, "Intellectual Property Rights"), in and to all documents, work product, and other materials delivered to Customer under this Agreement or prepared by or on behalf of Sell Signal in the course of performing the Services (collectively, the "Deliverables"), shall be owned exclusively by Sell Signal.

Sell Signal hereby grants Customer a limited, non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free license to use the Intellectual Property Rights in and to the Deliverables, to the extent necessary for Customer to make reasonable use of the Deliverables and the Services. This license may be revoked by Sell Signal at any time, in its sole and absolute discretion, with or without notice.

1. All non-public, confidential, or proprietary information of Sell Signal, including but not limited to trade secrets, technology, business operations and strategies, customer information, pricing, and marketing information (collectively, "Confidential Information"), disclosed by Sell Signal to Customer, whether orally or in written, electronic, or other form, and whether or not marked as "confidential," is confidential and shall not be disclosed or copied by Customer without Sell Signal's prior written consent. Confidential Information does not include information that is: (i) in the public domain; (ii) known to Customer at the time of disclosure; or (iii) rightfully obtained by Customer on a non-confidential basis from a third party.
2. Customer agrees to use the Confidential Information solely for the purpose of making use of the Services and Deliverables.
3. Sell Signal shall be entitled to seek injunctive relief for any violation of this Section without the requirement to post bond or other security.

ALL SERVICES RENDERED HEREUNDER ARE PROVIDED "AS IS," "WHERE IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY CONDITION, QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH CUSTOMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEVATED AGENT MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY: (A) WARRANTY OF MERCHANTABILITY, OR WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE, OR WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

1. IN NO EVENT SHALL ELEVATED AGENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF DATA, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ELEVATED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
2. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ELEVATED AGENT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, AND MEMBERS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, DAMAGES, DEMANDS, COSTS, AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COURT COSTS) OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S CONTACT, MEETINGS, OR ANY WORK WITH A SELLER APPOINTMENT PROVIDED BY ELEVATED AGENT.
3. IN NO EVENT SHALL ELEVATED AGENT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO TIMES (2X) THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ELEVATED AGENT PURSUANT TO THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

1. In addition to any other remedies available under this Agreement, Sell Signal may terminate the Services with immediate effect upon written notice to Customer for any reason or at any time.
2. Customer may terminate the Services upon thirty (30) days' prior written notice to Sell Signal by emailing [email protected]. At the date of termination, Customer must pay Sell Signal all fees and expenses for Services provided up to and including the termination date. During the thirty (30) day notice period, Sell Signal may continue to book appointments and Customer expressly agrees to pay the applicable fees for all such Services.

Customer shall comply with all applicable federal, state, and local laws, including without limitation the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 ("RESPA"), as amended from time to time. Customer and its co-marketing lender, if any, shall make all required disclosures and take all actions necessary to timely comply with RESPA, including providing copies of Affiliated Business Arrangement Disclosures where required. Sell Signal has no control over any agreement between Customer and any lender and shall not, under any circumstances, be held liable for Customer's failure to make required disclosures or otherwise comply with RESPA.

Notwithstanding any other provision of these Terms & Conditions, in the event Customer fails to pay for the Services, Sell Signal expressly reserves the right to submit any outstanding invoices to a third-party debt collection agency.

No waiver by Sell Signal of any provision of this Agreement is effective unless explicitly set forth in writing and signed by Sell Signal. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Sell Signal shall not be liable or responsible to Customer, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from events beyond Sell Signal's reasonable control (each, a "Force Majeure Event"), including without limitation: (a) acts of God; (b) flood, fire, earthquake, pandemic, epidemic, or explosion; (c) war, invasion, hostilities (whether declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades; (f) national or regional emergency; or (g) other similar events beyond the reasonable control of Sell Signal.

Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Sell Signal. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.

The relationship between the parties is that of independent contractors. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice-of-law provision that would result in the application of the laws of any other jurisdiction.

Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") shall be in writing and addressed to the parties at the addresses designated in these Terms & Conditions, or such other address as the receiving party may designate in writing. A Notice is effective only upon receipt by the receiving party and when the sending party has complied with the requirements of this Section.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision, or invalidate or render unenforceable such term or provision in any other jurisdiction.

Provisions of these Terms & Conditions that by their nature should apply beyond termination or expiration of this Agreement shall remain in force, including without limitation the following provisions: Confidential Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Governing Law, Submission to Jurisdiction, and Survival.

This Agreement may be amended or modified from time to time by Sell Signal without prior notice. Any amended Terms & Conditions will be posted on the Sell Signal website and/or provided to Customer. Customer's continued use of the Services after any modification constitutes acceptance of the updated Terms & Conditions.