Flipping Pro Terms and Conditions

TERMS OF USE AGREEMENT

This data terms of use agreement (“Agreement”) is made and entered into by and

between RE Doers Group LLC (list.flippingpro.com) located at 1999 Bryan St, Suite

900, Dallas, TX 75201, and (“Client”), for the sale of certain consumer or business

contact lead data (“Data”) from List.flippingpro.com to Client. The data attributes will

normally include the lead’s postal addresses, phone number(s), and/or e-mail

address(es). List.flippingpro.com offers to sell its Data only under the following terms,

which the Client accepts when makes any use of the Data.

Terms

1. Compliance with Law. Client’s campaigns which may include Calling,

Texting, Emailing, or even Meeting individuals from this Data. The client has

the sole responsibility to ensure its legal compliance. List.flippingpro.com is

merely a passive lead service provider. Client is required to use the Data in

full compliance with all applicable laws and regulations, including without

limitation, all state, federal and international: (a) Do-Not-Call (“DNC”) list

prohibitions; (b) licensing and bonding requirements; (c) consumer

cancellation rights; (d) Telemarketing laws; (e) wireless calling restrictions; (f)

restrictions on the use of automatic telephone dialing systems and

prerecorded messages; (g) opt-out rules; (h) mandatory disclosures (i)

intellectual property rights and restrictions; (j) CAN-SPAM Act; the (k) Gramm-

Leach-Bliley Act; the (l) Fair Credit Reporting Act; and (m) other product or

industry regulations. By making any use of the Products, Client expressly

warrants to List.flippingpro.com that Client is and shall continue to act in full

compliance with the law. All List.flippingpro.com offers are void where

prohibited by law. Client agrees that Client has read and understands the

FTC’s Telemarketing Sales Rule (“TSR”) the FCC’s Telephone Consumer

Protection Act (“TCPA”), and all other applicable laws and regulations. Client

should review these rules with Client’s legal counsel to ensure that Client

understands and is fully compliant. List.flippingpro.com does not assume

responsibility for ensuring that the Client’s marketing campaigns meet

applicable legal requirements. List.flippingpro.com will not assume any

liability if the Client is ever held guilty or liable for any law violation.

Notwithstanding the foregoing, Client acknowledges that List.flippingpro.com

has and is taking active steps to ensure the compliance of its customers,

including by having Client agree to these terms and otherwise. If

List.flippingpro.com discovers evidence demonstrating that the Client has

violated the law, List.flippingpro.com may suspend or terminate the Client’s

use of the Products immediately without providing any refund.

2. Cell Phones. The client understands that the TCPA prohibits certain types of

calls and messages to cell phones and agrees not to use the Data to market

to cell phones except as allowed by law. Client assumes all risks if Client

elects to contact cell phones. Client will not engage in any SMS/text

marketing, except as allowed by law. The client understands that

List.flippingpro.com assumes no responsibility to identify or remove/suppress

wireless numbers from its data.

3. SAN Numbers & DNC. Client acknowledges that certain sellers and

telemarketers may be required to purchase their Subscription Account

Number (“SAN”) to access the National DNC registry, including all area codes

into which they call or transmit messages. Client agrees to obtain a SAN

number and all applicable area codes, unless exempt. Client agrees to

purchase and scrub against any applicable state or federal DNC list, unless

exempt. Client shall refrain from marketing to any consumer who has opted

out by asking not to receive future marketing from Client. Client (not

List.flippingpro.com) shall be responsible for maintaining and enforcing an

internal DNC list of leads who have opted out of Client’s marketing.

4. Call Abandonment Rate/Drop Rate. Regarding any abandoned (dropped)

calls, the Client understands and agrees to ensure that it does not drop more

calls than allowed by law.

5. No Legal, Financial or Tax Advice Provided. No financial, legal, or tax

advice or counsel is given or shall be deemed to have been given by

List.flippingpro.com or its affiliates and contractors, or by the Products.

6. Payments & Refunds Except when required by law, List.flippingpro.com

shall be under no obligation to issue refunds under any circumstances. All

fees are non-refundable.

1. Payment: You agree to pay List.flippingpro.com a fee by the fees,

charges, and billing terms in effect at the time a fee or charge is

due and payable. Fees charged are nonrefundable. In the case of

subscription products, the subscription term shall be effective for

the agreed-upon period, after which the subscription term shall

automatically renew for the specified renewal period (if any) at the

then-current subscription price.

2. Recurring Billing: Your acceptance of these terms constitutes your

authorization to List.flippingpro.com to automatically charge the

credit/debit card provided by you, and in the case of subscription

products, to continue charging the credit/debit card at the agreed-

upon intervals during the term of the subscription.

3. Pay-as-you-go credits: Any amount you add as credits to your

list.flippingpro.com account must be used towards data, append, or

hygiene services available through the list.flippingpro.com platform.

List.flippingpro.com shall be under no obligation to issue a refund

of any unused credits.

7. Indemnification. Client shall assume, pay, indemnify, hold harmless, and

reimburse List.flippingpro.com and its owners, employees, agents, affiliates,

contractors, successors, and assigns for any liabilities, damages, claims,

suits, settlements, judgments, investigations, costs, and expenses (including

reasonable attorney’s fees and court costs) directly or indirectly incurred by

List.flippingpro.com to the extent the same are related in any way to this

Agreement or to Client’s use of the Data. Upon receipt of any demand or

claim by List.flippingpro.com related to Client, List.flippingpro.com may elect

to turn the defense and resolution of such claim over to Client who shall bear

all costs and expenses and shall promptly investigate and settle or otherwise

resolve any such claim to List.flippingpro.com’ satisfaction. Alternatively,

List.flippingpro.com may elect to defend any such claim on its own and then

to obtain reimbursement from the Client. In either case, List.flippingpro.com

and Client shall cooperate and share necessary information in any such

defense. Client realizes that List.flippingpro.com may be required by law to

provide certain information about Client if List.flippingpro.com receives a

subpoena from a court or regulator with competent jurisdiction, or otherwise

determines in its sole discretion that it needs to release Client information to

protect the legal interests of List.flippingpro.com.

8. Limitation of Liability. Neither party shall be liable for any consequential,

incidental, special, or indirect damages (including, but not limited to, loss of

profits, goodwill, use, data, or other intangible items) even if the other party

has been advised of the possibility of such damages or losses.

List.flippingpro.com is not responsible for any failure of a third-party list

provider to deliver its data accurately, completely, or in a timely way,

List.flippingpro.com is not responsible for damages resulting from improper or

incomplete use by Client of List.flippingpro.com’ products and services.

Concerning any other damages, List.flippingpro.com’s liability hereunder shall

in no event exceed an amount equal to the amount paid by Client to

List.flippingpro.com in the month before a claim is made, regardless of the

basis for the claim. Client understands that this is a significant limitation on

Client's right to sue List.flippingpro.com and Client should not proceed if

Client does not agree. List.flippingpro.com shall not be bound by any

typographical or other error or misprint in its marketing materials or online

purchase websites, so long as List.flippingpro.com provides prompt notice of

any such error and corrects the same, upon discovery.

9. Warranties. Except as otherwise provided herein, THE SERVICES AND

DATA ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED

WARRANTY OF ANY KIND INCLUDING WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN

NO EVENT SHALL List.flippingpro.com OR ITS SUPPLIERS BE LIABLE

FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF PROFITS OR BUSINESS INTERRUPTION)

ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS,

EVEN IF List.flippingpro.com HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES.

10. Intellectual Property: “List.flippingpro.com,” “Dream Doers, LLC” and all

related trade and service marks are and shall remain the exclusive intellectual

property of List.flippingpro.com. List.flippingpro.com and Client specifically

acknowledge that this Agreement does not confer upon the other party any

interest in or right to use any trademark or service mark of the other party or

its affiliates unless the party wishing to use a trademark or service mark

receives the prior written consent of the owning party, which the owning party

may grant or withhold in its sole discretion. Client acknowledges that the

Products are protected by state, federal, and international copyright laws and

treaties and Client hereby prospectively waives any challenges to the

existence, ownership, and enforceability of the same. Except as otherwise

specifically permitted in this Agreement, Client may not: (a) modify or create

any derivative works of any Products, service or documentation, including

translation or localization (code written to published APIs (application

programming interfaces) for the Products shall not be deemed derivative

works); (b) sublicense or permit simultaneous use of the Products by more

than one user; (c) reverse engineer, decompile, or disassemble or otherwise

attempt to derive the source code for any software related to the Products

(except to the extent applicable laws specifically prohibit such restriction); (d)

redistribute, encumber, sell, rent, lease, sublicense, use the Products in a

timesharing or service bureau arrangement, or otherwise transfer rights to

any Products; (e) remove or alter any trademark, logo, copyright or other

proprietary notices, legends, symbols or labels in the Products; (f) publish any

results regarding the Products to a third party without prior express written

consent from List.flippingpro.com; or (g) attempt to create or sell any systems

similar to the proprietary systems of List.flippingpro.com.

11. Choice of Law & Venue. This Agreement shall be governed by and

construed according to the laws of the State of Florida, without giving effect to

normal choice-of-law and conflict-of-law principles. The parties agree that the

State and Federal courts in Florida shall have exclusive jurisdiction and

venue over any legal dispute between the parties. The party’s consent to

such jurisdiction at this time. The prevailing party in any legal dispute

between the parties shall be entitled to their reasonable attorney’s fees and

court costs.

12. Other Important Disclaimers. List.flippingpro.com does not warrant that its

Data can be received and integrated into every environment. It is the Client’s

responsibility to obtain the necessary computer equipment and software to

operate the Data. It is the Client’s responsibility to become aware of the cost

and availability of all telephone, software, and electrical requirements. The

client is responsible for any business and miscellaneous expenses necessary

to use the Data, including telephone service, internet connectivity, computers,

etc. List.flippingpro.com will not be liable for these expenses for any reason.

Even though the Client’s system may be designed to operate 24 hours a day,

the Client should be aware that access to the Data may be out of service

periodically for backups, maintenance, improvements, or difficulties such as

power outages, telephone line problems, hardware/software malfunctions,

etc. List.flippingpro.com will not be liable for any lost revenue, lost profits,

advertising, or additional expenses due to loss of data, hardware/software

problems, or for any reason. List.flippingpro.com does not make any claims or

guarantees that the Client will bring in any revenue nor operate any profitable

services or businesses by using the Products sold by List.flippingpro.com.

The suggestions, ideas, and techniques offered by List.flippingpro.com are

not guaranteed to bring success. The success of the Client and the Data will

be affected by many factors, including, but not limited to, the Client’s efforts

and competence. The client is responsible for the security of the system and

for obtaining property and liability insurance.

13. Modification of Agreement. The Parties agree that this Agreement may only

be modified with the written consent of all Parties.

14. Non-Waiver. The parties agree that the failure of any party to take an action

under this Agreement or the waiver of a breach of this Agreement shall not

affect the party’s rights to require performance hereunder or constitute a

waiver of any subsequent breach.

15. Entire Agreement. This Agreement, along with any addendum, schedule, or

exhibit incorporated by reference, constitutes the entire understanding and

agreement of the parties about the subject matter hereof and supersedes all

prior and contemporaneous communications, understandings, and

agreements, either written or oral.

16. Survival. Any provision of this Agreement, which by its nature, would

naturally survive the termination of this Agreement, shall expressly survive

any termination, including without limitation, those provisions related to

indemnity, compliance with law, intellectual property, non-circumvention, and

notices.

17. Non-Public Personal Information (“NPPI”). NPPI must always be handled

in the manner prescribed by law. Client acknowledges and understands that it

is their responsibility to inform parties to whom they sell, lease, rent, or

otherwise convey data, of herein referred to responsibilities and obligations

under applicable law.

18. Resale. The client agrees and indicates that they will not convey data

provided to the Customer by Dream Doers, LLC (list.flippingpro.com)

(List.flippingpro.com) to any other party.

19. Security. Client agrees to take whatever security precautions are necessary

to ensure that these Terms of Use are not violated. Such precautions include,

but are not limited to, the supervision of all persons within the Client’s

organization involved in using the data and the supervision of all contractors

or entities outside the Client’s organization, which come into contact with the

data while performing work on behalf of the Client.