Terms and Conditions
Last Updated: 7/24/2020
By accessing the WeGiveCash.com web site ("WeGiveCash.com") and using the services on this site, you agree to be bound by the terms and conditions ("Terms") below. Please read these Terms carefully. If you do not agree to these Terms, do not access or use this web site. The WeGiveCash.com web site is operated by Fast Flash Marketing, LLC. All references below to WeGiveCash.com include Fast Flash Marketing, LLC.
You represent and warrant that the information you provide to us is accurate and truthful. If you do not provide such information in such manner, we reserve the right to deny, suspend, or terminate Service. We reserve the right to refuse to provide the Service to you, in our sole discretion, with or without cause.
Exclusive Listing Fee Program by WeGiveCash.com.
This Agreement shall be effective through the earlier of: (i) the date the Property is sold, and the Commission is paid to WeGiveCash.com's designated brokerage, in accordance with the terms herein, or (ii) the date that is two (2) years after the execution of the listing agreement (the "Term"), unless this Agreement is cancelled in writing by WeGiveCash.com or terminated by mutual agreement of the parties.
You must own 100% of the property ("Property) listed on your inquiry in order to qualify. If accepted, in exchange for payment (the "Exclusive Listing Fee"), you hereby agree to these terms and that WeGiveCash.com's designee, shall have the exclusive right to act as listing agent for the sale of the Property, except as otherwise expressly provided herein. Without limiting the foregoing, You shall not engage, hire or otherwise employ any other real estate brokerage, licensed broker or sales agent, which for purposes of this Agreement, includes listing the Property as "for sale by owner" through a third-party service that offers advertising, marketing services or who is otherwise compensated for generating interest in the Property, whether paid a commission or flat fee (collectively, the "Prohibited Engagements").
Once a consumer submits the form(s) to WeGiveCash.com, WeGiveCash.com may share your information with one or more participating Real Estate Brokerages ("the Brokerage or Brokerages") and Marketing Partners ("Marketing Partners"). By submitting the form(s), you understand and agree that you are submitting an inquiry about the Exclusive Listing Fee Program to WeGiveCash.com and each of the participating Brokerages; additionally, you understand and agree you will receive offers from Marketing Partners to whom WeGiveCash.com transmits your information. By submitting the form(s), you are extending an express invitation to WeGiveCash.com, Evan Leigh Real Estate, LLC, and each of the participating Brokerages and Marketing Partners with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction or provide information to you about additional offers in which you may be interested. Should additional information be required to process your inquiry you are extending an express invitation to WeGiveCash.com, Evan Leigh Real Estate, LLC, and each of the participating Brokerages and Marketing Partners with whom your information is shared to contact you by any means (including, without limitation, email, telephone, and direct mail) so that they may assist you with your transaction.
WeGiveCash.com is not a lender and does not make loans or credit decisions in connection with its Exclusive Listing Fee Program. WeGiveCash.com does not guarantee acceptance or payment for all inquiries submitted. Qualification for the program, and any subsequent offer, is based on the value of the property, and other factors as determined by WeGiveCash.com. If WeGiveCash.com cannot verify your ownership of the property, participation will be strictly prohibited.
WeGiveCash.com does not endorse or recommend the services of any particular Brokerage or Marketing Partner. WeGiveCash.com is not an agent of you or any participating Brokerage or Marketing Partner. WeGiveCash.com is not involved with the Brokerage's or Marketing Partner's use and/or review of your personal information. The participating Brokerages and Marketing Partners are solely responsible for its services to you, and you agree that WeGiveCash.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of this website or any business dealings which may stem from use of the website. You understand that participating Brokerages or Marketing Partners may keep your personal information, whether or not you are qualified to participate.
Control over Features, Functions, and Access to the Service
WeGiveCash.com reserves the right to change any information, features and/or functions of the Homeowner Incentive Program without prior notice. WeGiveCash.com may deny you access to all or part of the services without prior notice if you engage in any conduct or activities that WeGiveCash.com determines, in its sole discretion, violate these Terms, the rights of WeGiveCash.com or any third party, or is otherwise inappropriate. WeGiveCash.com is not responsible for any errors or delays in providing the Homeowner Incentive Program caused by errors in any of the application information provided by you or by any technical problems beyond our reasonable control.
Disclaimers and Limitations
THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." WeGiveCash.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WeGiveCash.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THIS WEB SITE AND/OR WeGiveCash.com 'S SERVICES IS AT YOUR OWN RISK. WeGiveCash.com AND/OR ITS PARTICIPATING BROKERAGES OR MARKETING PARTNERS OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR WeGiveCash.com'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WeGiveCash.com OR ITS PARTICIPATING BROKERAGES AND MARKETING PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF WeGiveCash.com, ITS PARTICIPATING BROKERAGS AND MARKETING PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
As a condition of using this web site and/or the services offered herein, you agree to indemnify WeGiveCash.com and its participating Brokerages and Marketing partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.
Links to Third Parties
This web site may contain links to other web sites operated by participating brokerages and Marketing Partners or other third parties. Such links are provided for your convenience and reference only. WeGiveCash.com does not operate or control in any respect any information, software, products or services available on such third-party sites. WeGiveCash.com's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Any controversy or claim arising out of or relating to the use of the web site, to the goods or services provided by WeGiveCash.com, or to any acts or omission for which you may contend WeGiveCash.com is liable, including but not limited to any controversy or claim as to arbitrability ("Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Boca Raton, Florida and judgment on the arbitration award may be entered into any court of competent jurisdiction in Boca Raton, Florida. No arbitrator shall have the power to award damages in connected with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND WeGiveCash.com WILL BE RESOLVED BY BINDING ARBITRATION. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
By using WeGiveCash.com's service, you consent to these restrictions.
In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and WeGiveCash.com, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Boca Raton, Florida. 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 services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may direct any questions concerning these Terms to:
Fast Flash Marketing, LLC
5030 Champion Blvd. Ste. G11-118
Boca Raton, FL 33496