Terms of Service (“Terms”)

PLEASE READ. YOUR USE OF THIS WEBSITE AND OUR SERVICES

ARE SUBJECT TO THESE TERMS OF SERVICE

Please read these Terms of Service (“Terms”) carefully, they contain important information about your legal rights, remedies, and obligations. In particular, Section (C)(26) of these Terms contains an arbitration clause and class action waiver that applies to all disputes between you and rebel iQ, Inc. (“rebel iQ”).  

OUR SITE, APPLICATION, AND SERVICES ARE INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA (USA). ALL OTHER USE IS PROHIBITED.

Our Terms are a legally binding agreement (“Agreement”) between Customer (sometimes referred to as “You” and/or “Customer”) and rebel iQ (Referred to as “We”, “Our”, “Company” or “rebel iQ”), governing your access to and use of the rebel iQ website, including any subdomains, service platforms, service packages, and any other websites (collectively, our “Site”) through which rebel iQ makes its products and services available; our mobile, tablet, and other smart device applications, and application program interfaces (collectively, “Application”); and all associated products and services (collectively, our “Services”). Together, the Site, Application, and Services may be referred to as the “Platform” in this Agreement. Our collection and use of personal information in connection with your access and use of our Platform is described in our Privacy Policy, please read it carefully. Finally, the access to or use of certain areas and features of our Platform may be subject to separate agreement terms, policies, standards, or guidelines and may require a subscription or special permission for access (“Supplemental Agreement”).

By accessing, browsing, or using this Website, or using the Services, You acknowledge that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations.  Each use of this Website or of the Services by you, indicates and confirms your agreement to be bound by these Terms of Use. If you do not agree to these Terms, please do not use this Website or the Services.

The terms and conditions set forth below shall apply to all products and services offered by rebel iQ, whether or not discussed herein, except as may be provided below.  Special terms for product and service options and platforms are also set forth below, and their use is subject to these Terms..

You accept and agree to comply with this Agreement by any of the following:  (1) clicking a box indicating acceptance, (2) accepting a Supplemental Agreement that expressly incorporates these Terms into that Agreement, (3) clicking a registration or new account submission button, or (4) otherwise accessing or using our Platform. If you are accepting this Agreement as part of a Supplemental Agreement between your company, affiliate, or other entity and rebel iQ (an “Enterprise Contract”), you represent that you have the authority to bind your entity, its employees, and affiliates to this Agreement, in which case the term “You” or “Member” will also refer to the entity’s employees and affiliates.

Changes to this Agreement. rebel iQ reserves the right to modify this Agreement at any time in accordance with this provision. If we make changes to this Agreement, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications at least fourteen (14) days before the date they become effective. Your continued access to, or use of, our Platform will constitute acceptance of the Terms or any revised terms that may be posted. If at any time you disagree with the Terms, you may terminate this Agreement with immediate effect by ceasing to use the Platform and taking action to terminate your account. 

By creating an account on our service or otherwise accessing, contributing or activating content within the Services, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send which may take a variety of forms and methods inclusive of, but not limited to, electronic communications such as email and SMS/text messaging. Receipt of such sponsored material may create additional fees and charges with your mobile or data provider. You are responsible for all such costs. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text message we may send.

rebel iQ provides an online platform, using its proprietary “lead generation software” for generating marketing leads and converting leads into sales. The rebel iQ platform is used by mortgage brokers, banks, loan officers, real estate agents, insurance agents, and other business professionals to generate qualified, exclusive leads for their businesses. As more fully described on the Site, rebel iQ offers the following Services:

The Services may be modified at any time the sole discretion of rebel iQ with or without prior notification, provided, however, that rebel iQ will provide written notice if any modification would result in the removal of any material functionality of the Services. Customer may use the Services for personal and business use or for internal business purposes in the organization that Customer represents. Any plugins, agents, administrative code or other software obtained by Customer in connection with the Services and controlled by rebel iQ (collectively, “Software”) is deemed to be a part of the Services and is subject to all of the terms of this Agreement, including without limitations the disclaimers, limitations and restrictions herein relating to the Services. rebel iQ retains all right, title and interest in and to the Services and Software, including without limitation all software used to provide the Services (excluding open source software) and all logos, trademarks, patents and copyrights reproduced and used through the Services. This Agreement does not grant Customer any intellectual property rights in or to the Services, the Software or any of their respective components.

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

During the Term (defined below), and subject to compliance with the terms of this Agreement, rebel iQ grants Customer a limited, nonexclusive, non-sub-licensable, non-transferable license to use the Services and Software (the “License”).

To receive certain Services, you must become a rebel iQ subscriber. When you register with rebel iQ as a subscriber, you will be asked to provide registration details, including credit card or debit card information and (if you represent an organization) certain information regarding your organization. By providing any information about yourself or your organization, you represent and warrant that all the information you provide via the Services is accurate, current and complete. You agree that all information you provide to us, whether as part of your registration or through the Services or otherwise, including through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As a subscriber, you authorize rebel iQ to charge all payments due for subscribed Services to the credit card or debit card you provided when you registered. rebel iQ uses the secure Authorize.net merchant payment portal and automated monthly payment billing system to manage payments. Monthly invoices are available immediately within the rebel iQ Platform upon each monthly payment. You can log in and review invoices or reach out to rebel iQ Support (support@rebeliq.com) for their invoice to be sent to them.

As a subscriber, you authorize rebel iQ to act as an Agent on your behalf, by which rebel iQ may arrange for the indirect sale of leads and other consumer data to you from licensed or authorized lead generators.  You acknowledge that rebel iQ is not a lead generator, nor does it interact with, or market to, consumers.  When applicable, you hereby authorize rebel iQ to acquire leads on your behalf pursuant to the terms of your Platform subscription package.  Any such leads will be delivered directly to you through a private, secure and encrypted data pipeline from rebel iQ’s designated vendor through the Platform.

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with  them.

If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

This Agreement commences on the date Customer and/or Customer’s Users accepts it by using the Services and continues until all use of the Services granted in accordance with this Agreement has expired or the License has been terminated (the “Term”).

The term of Services purchased by Customer begins on the date payment is made to rebel iQ by Customer (or the “Term Start Date” specified in a contract between rebel iQ and Customer) and will continue for the term specified upon payment. Unless otherwise stated in a contract, the term for all purchased services shall be twelve (12) months (regardless of payment frequency) and shall automatically renew for additional twelve-month terms, unless either party gives the other party notice of nonrenewal at least 30 days  before the end of the then applicable subscription term. Customer is responsible for payment of all requested Services for the entire of term of each category of service. The pricing during any renewal term shall be the same as that during the prior term unless rebel iQ has given Customer written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.

Unless terminated, we reserve the right to auto-renew any subscriptions you may have at the then-prevailing prices in effect at the time of renewal.

If you wish to terminate your account, you may simply discontinue using the Services.  In order to terminate the imposition of additional fees and costs, you must inform us of your desire to terminate your subscription before the commencement of your Subscription Renewal Date.  You are responsible for the payment of any applicable monthly fees for any partial month.  In the event you are subject to a time commitment for use of the Services, your payment obligations will run concurrently with any such agreement and will not terminate pursuant to the language of this section.  

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You may terminate your subscription at any time with minimum 30 days notice, subject to 5(c), above.  Any request to terminate subscription merely stops your contract from renewing, it does not end the Customer’s responsibility for payment of the balance of the said contract for the Initial Subscription Term. No amounts that have been pre-paid for the Services will be refundable. rebel iQ may terminate your subscription for cause as provided in these Terms. Any termination of your subscription by either rebel iQ or you may be communicated via either (i) email or (ii) a phone conversation followed up with a confirmatory email for documentation purposes.   Upon termination of your account, your user profile will be removed from the Site, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that rebel iQ is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. rebel iQ has no obligation to maintain or provide User Content of a rebel iQ subscriber after account termination and may delete all content provided unless legally prohibited from doing so.

Certain users may be billed for services on a tiered pricing structure, pursuant to a written agreement or otherwise.  In such case, in addition to any applicable monthly flat fees for use of the SAAS platform, users will also be charged on a per occurrence basis, based on certain automated notifications, milestones or events.   If You use such a service, You agree to pay additional fees or charges associated with said service, which may accrue through a tiered or metered pricing structure.  You will be responsible for payment of any such fees or charges as they accrue, whether or not You opt to view/engage or otherwise utilized the requested tiered pricing services.  Unless agreed upon in writing, any such charges may accrue without any limit or cap.  

a. Legal Protections.  The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by rebel iQ and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your own personal and organizational purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site (other than your User Content as defined below), except as follows:

Other than with respect to your User Content, you must not:

If you wish to make any use of material on the Services other than as set out in this section, please address your request to support@rebeliQ.com 

No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by rebel iQ. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

b. Content. rebel iQ may, at its sole discretion, enable subscribers to (i) create, upload, post, link, share, and store content such as text, photos, contact information, graphics, videos, or other materials and information on or through our Services (“Subscriber Content”) and (ii) access and view Subscriber Content and any content that rebel iQ itself makes available on or through our Services, including proprietary rebel iQ content and any content licensed or authorized for use by or through rebel iQ from a third party (“rebel iQ Content” and together with Subscriber Content, “Collective Content“).

The rebel iQ name and logo are trademarks of rebel iQ. You must not use this name and logo without the prior written permission of rebel iQ. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Real Estate Agents and Brokers (“Real Estate Professionals”) may use the Services to collaborate and connect with other subscribers, including lenders and mortgage loan originators (collectively “MLOs”).  Real Estate Professionals and MLOs  are free to initiate or accept an invitation to engage in a collaborative relationship with one another, at their own discretion. rebel iQ does not endorse any particular relationship or formation of any association between its users and subscribers.  No Real Estate Professional or MLO is required to endorse, refer, or recommend any particular settlement services provider in order to utilize the Services.  rebel iQ does not direct or require any Real Estate Professional or MLO to engage in any formal or informal relationship with any other person or entity.  Users and subscribers, at their own discretion, may establish limited relationships with one another, for lawful purposes.  However, the involvement of any such relationship with respect to rebel iQ or the Services, must be limited to the promotion of each party’s own products and services. Real Estate Professionals and MLOs should exercise due diligence and care when deciding whether collaborating with one another. As a user or subscriber, you represent and warrant that you will not use the Services in a manner that conditions any other subscriber, or third party, to give or receive any “thing” of value in exchange for the referral of real estate settlement services, nor will you be a party to a real or implied agreement to do so. You further represent and warrant that any consideration you provide to access and use the Services, including your subscription to and use of the Services, is made by you, and no other person or entity, directly to rebel iQ. Real Estate Professionals and MLOs remain solely responsible and liable for their conduct on or through the Services, and for their conduct offline.

To the extent that any Real Estate Professional or MLO has been established a collaborative relationship through the use of the Services, either is free to dissolve such relationship at any time. Real Estate Professionals are free to collaborate with another MLO at any time. The ability to freely enter into and exit from any collaborative relationship is an essential component of our Services. As a Real Estate Professional or MLO, you acknowledge and agree that your access and use of the Services is in no way contingent on any one Real Estate Professional or MLO (1) forming a relationship with you, (2) remaining in a relationship with you, or (3) providing a service, payment or benefit to you.

New & Edited Real Estate Listing Marketing Collateral. Agents have the ability to either (a) automate the creation of certain real estate listing Marketing Collateral by identifying the MLS Listing Number, or (b) create and/or edit Marketing Collateral by manually inputting property listing information. In addition, rebel iQ may automatically create new Marketing Collateral when we identify that you have listed a new property. In all cases, as an Agent, you represent and warrant that you (i) are the listing agent affiliated with that property or have been granted permission by the listing agent to share and market this property and (ii) have the consent of all applicable parties to access and use the listing details, including listing details and photos, in order to share and market the property, including the applicable MLS and home seller. 

No Referrals Permitted. You represent and warrant that you shall not use the Services in order to engage in any activity that would constitute an unlawful “referral of business” as defined by the Real Estate Settlement Procedures Act of 1974 (“RESPA”) and Regulation X, and that your use of the Services shall not cause you to either give or receive anything of value in exchange for the referral of business opportunities. Further, you acknowledge and agree that any fee you pay to rebel iQ (for example, for a paid subscription for the Services), is limited to the fair market value of the Services provided to you and does not represent any payment of a fee, kickback, or other thing of value for the referral of settlement services.

When accessing or using the Services, you agree to comply with all applicable laws and regulations governing residential real estate sales and financing, including, but not limited to, the Truth in Lending Act, RESPA, the Gramm Leach Bliley Act, the Fair Credit Reporting Act, and applicable laws regarding fair lending and equal housing opportunity. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Services.  Further, if required by applicable law to be licensed as a “mortgage originator,” or real estate agent or broker, then you represent and warrant that you have such valid licensure and that you will maintain your license(s) and otherwise be in good standing during the Term of this Agreement. In addition, you agree that rebel iQ may, at its sole discretion and to the extent permitted by law, access, preserve, and disclose your content, profile, usage history, and the use of the Collective Content in order to (a) comply with any applicable law, regulation, legal process, or government request; (b) respond to claims that any such usage violates applicable legal guidelines or the rights of third parties; and (c) enforce this Agreement.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:

Customer acknowledges and agrees that rebel iQ shall not be held liable for any direct or consequential damages related to any non-delivery of the Services. 

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. rebel iQ shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. rebel iQ disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.

We are not responsible for your compliance with industry rules and regulations in the use of our Services, including but not limited to, RESPA, TILA, Controlling the Assault of Non-Solicited Pornography and Marketing Act, Telemarketing and Consumer Fraud and Abuse Prevention Act, Telephone Consumer Protection Act, California Consumer Privacy Act or any other federal or state data privacy or consumer protection law. We will make commercially reasonable efforts to assist you with compliance with any such rules and regulations applicable to the use of our Service but such assistance should not be relied on as the sole source of compliance. You should seek independent advice from professionals personnel to insure compliance.

Initial content for the landing pages of subscribers to the Services will be provided by rebel iQ. As a subscriber, you may post, submit, publish, display, or transmit (hereinafter, “post”) various content or materials on your rebel iQ landing page, including text, photographs, images, logos, videos and other content, at your discretion. In addition, the Site may offer message boards, chat rooms, forums, bulletin boards, and other interactive features. Any rebel iQ subscriber-posted content or materials are referred to in these Terms as “User Content.”

All User Content must comply with the content standards set out in these Terms.

Any User Content you post to the Site will be considered non-confidential. Your User Content belongs to you; however, by posting your User Content on the Site, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content for the purpose of providing and promoting the Services and other rebel iQ services, including but not limited to (i) marketing and advertising materials relating to the Services, (ii) improving the Services and developing other services, (iii) rebel iQ blog postings, social media accounts and trade events, and (iv) communications with potential investors and business partners, provided that no personal information is disclosed.

You represent and warrant that you own or control all rights in and to the User Content and have the right to grant rebel iQ and its affiliates the rights granted herein. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless rebel iQ and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not rebel iQ, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Any content and/or opinions uploaded, expressed, or submitted to the Site, and all articles and responses to questions and other content, other than the content provided by rebel iQ, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of rebel iQ. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

We have the right to:

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS rebel iQ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY rebel iQ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER rebel iQ OR LAW ENFORCEMENT AUTHORITIES.

However, you understand and agree that we can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

These content standards apply to any and all User Content and interactive services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at support@rebeliQ.com

You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Site may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. 

Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links provided by other users or contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policy for such websites.

We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER rebel iQ NOR ANYONE ASSOCIATED WITH rebel iQ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER rebel iQ NOR ANYONE ASSOCIATED WITH rebel iQ REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

rebel iQ AND ALL PARTIES ASSOCIATED WITH rebel iQ HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL rebel iQ, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless rebel iQ, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.

These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of California, and both parties consent to venue and personal jurisdiction there.

No waiver of these Terms by rebel iQ shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of rebel iQ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

rebel iQ may make certain mobile applications available to you. The use of mobile applications either alone or in connection with the Services is governed by these Terms. In addition, you must comply with all applicable third party terms of agreement when using the mobile applications (for example, any agreement with a wireless service or wireless data provider). You agree that these Terms and the Privacy Policy are between you and rebel iQ, and that even if you receive access to rebel iQ through Apple, Inc.’s App Store or any other source (collectively, the “Distributor”) for use on a mobile device, the Distributor has no liability or responsibility whatsoever to you related to rebel iQ, whether by contract, warranty or otherwise, and you will look only to rebel iQ for any support relating to the Services. You may use the rebel iQ mobile application on a product that you own or control and as permitted by the usage rules set forth by the Distributor. The Distributor is not responsible for addressing any claims of any sort related to rebel iQ, and you must address any claims directly with rebel iQ. The Distributor and its subsidiaries have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

rebel iQ shall defend, indemnify and hold Customer harmless (including by paying external attorneys’ fees and costs/expenses of defense) and pay any settlement to which rebel iQ consents in relation to any third party claim to the extent that such third party claim is arising from the Customer’s use of the Services which are alleged to infringe upon any intellectual property right of such third-party.

Customer shall defend, indemnify and hold rebel iQ and its officers, directors, employees, and agents harmless from and against any and all third party claims, actions, liability, expenses (including reasonable attorneys’ fees), costs, or losses arising from: 

30. TERM, SUSPENSION, TERMINATION AND EXPIRATION 

This Agreement shall commence on the Effective Date and remain in force for a period of six (6) months (“Initial Subscription Term”). The Initial Subscription Term (for each service offering to which you subscribe) shall renew for successive periods of six (6 months (each a “Renewal Period”) unless: 

If Customer chooses to break your contact before the end of the Initial Subscription Term or applicable Renewal Period (“Term End Date” in the contact between You and rebel iQ), that break is requested more than 30 days before the Term End Date, and the reason for the break has none of the causes in the Terms below, You are responsible for full payment of said contract value at the prorated amount for the remainder of the contact if contact is to be broken prior to the Term End Date. rebel IQ will not be responsible for providing any subscription services once contract is broken for the remainder of the Subscription Term. Any subscription services Customer is currently paying for will be cancelled immediately upon payment of prorated amount of contract. 

Termination for Cause. Without prejudice to any other rights or remedies to which the Parties may be entitled, either Party may terminate this Agreement without liability to the other if: 

rebel iQ may terminate this Agreement for any reason or no reason at all, and without liability, by giving Customer thirty (30) calendar’s notice. For the avoidance of doubt, any termination for convenience by rebel iQ shall not relieve Customer of the obligation to pay any Subscription Plan Fees payable to rebel iQ for the period prior to the effective date of termination. 

Customer acknowledges that upon the termination or expiration of this Agreement or upon the cancellation of Customer’s selected Subscription Plan, Customer shall cease to access and use the Services. Any termination or expiration of this Agreement shall not relieve Customer from Customer’s obligation to make payment of the Subscription Plan Fees owed up until and including the effective date of termination or expiration.  Upon termination, all Customer obligations shall continue in perpetuity, except as to payment for future use of services that have been cancelled.

Neither Party shall be liable for, or be considered to be in breach of or in default under this Agreement on account of, any delay or failure to access/use the Services, as a result of any cause or condition beyond such Party’s reasonable control, including, but not limited to: fire, explosion, power blackout, terrorism, earthquake, pandemic, storm, flood, wind, drought or acts of God; epidemic and pandemic, court order; act, delay or failure to act by civil, military or other governmental authority; strike, lockout, labor dispute, riot, insurrection, sabotage or war; failure, interruption or degradation of any telecommunications or transmission lines; unavailability of required parts, materials or other items; acts or omissions of Internet traffic carriers, or act, delay or failure to act by the other Party or any third-party (collectively “Force Majeure Event”).  

You may not assign any of your rights in these Terms, and any such attempt is void, but rebel iQ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. rebel iQ and you are not legal partners or agents; instead, our relationship is that of independent contractors.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@rebeliQ.com 

34. Non-Disparagement Clause

During the term of this agreement and for a period of [duration] following its termination, both parties, Rebel iQ, Inc. (“Company”) and the client (“Client”), acknowledge the importance of preserving the positive reputation and maintaining a professional business relationship.
Client agrees not to make any negative oral or written statements, including those made through social media, that could harm the Company, its officers, directors, employees, stockholders, agents, or affiliates, and their respective business, business reputation, or personal reputation. Similarly, the Company agrees to instruct its employees, officers, and directors not to make any disparaging comments about the Client that could be harmful to the Client’s business, personal reputation, or relationships.
Additionally, both parties agree to refrain from any actions that could result in the disparagement, defamation, libel, slander, or tortious interference with the contracts and relationships of the other party.
Company and Client acknowledge that honest and truthful statements made in response to legal processes, required governmental testimony or filings, administrative or arbitral proceedings (including depositions), and those made in good faith to fulfill their duties and obligations, are exempt from these non-disparagement obligations.
Both parties recognize that the goodwill and reputation of each other are valuable assets obtained through considerable effort. Therefore, Client and Company commit to not engage in any conduct or actions that may adversely affect the reputation or goodwill of the other party, its affiliates, officers, directors, shareholders, employees, or agents.
By agreeing to our Terms of Service and this non-disparagement clause, both parties emphasize their dedication to a positive and respectful business relationship. This clause shall survive the termination of any agreement with the Company.

Additional Terms related to specific Services types:

CONVERSIONPRO™ MORTGAGE MARKETING WEBSITE SUBSCRIPTION SERVICES

CONVERSIONPRO™ BLOG SUBSCRIPTION SERVICES

DO-IT-FOR-ME FACEBOOK ADS SUBSCRIPTION SERVICES AGREEMENT 

DO-IT-FOR-ME GOOGLE ADS SUBSCRIPTION SERVICES AGREEMENT 

CAAS PLATFORM AND ORIGINATOR EVERYWHERE SERVICE AGREEMENT

REBEL IGNITE SUBSCRIPTION SERVICES

REBEL CONVERT SUBSCRIPTION SERVICES

CONVERSIONPRO™ MORTGAGE MARKETING WEBSITE SUBSCRIPTION SERVICES

rebel iQ provides an automated lead-generating conversion-as-a-service (CaaS) platform, located at app.leadpops.com (“CaaS Platform”) which provides access to an array of digital products, including without limitation, lead funnels, conversion-optimized website services, and managed marketing services. 

In consideration of You subscribing to or using the ConversionPro™ Mortgage Marketing Website, rebel iQ hereby grants Customer a non-exclusive, revocable, limited, non-transferable, non-sublicensable license to access and use the CaaS Platform and ConversionPro™ Mortgage Marketing Website Services for: 

You acknowledge, understand and agree that: 

Support Services. rebel iQ shall provide Customer with support services via telephone and email, between Monday to Friday from 07h00am to 16h00pm PST, in order to address any queries, concerns, or technical issues Customer may have pertaining to the ConversionPro™ Mortgage Marketing Website Services as well as to any payment/account issue. rebel iQ shall endeavor to resolve any queries and concerns Customer may have within seven (7) business days from the date you first logged the issue with us.

Customer obligations for use of ConversionPro™.  Customer shall:

ConversionPro™ SUBSCRIPTION PLANS, FEES, PAYMENT AND TAXES 

Subscription Plans. rebel iQ currently offers Customers with several subscription plan options on the CaaS Platform, that enables Customer to use the ConversionPro™ Mortgage Marketing Website Services (“Subscription Plan(s)”). The fees, and any associated setup fees, corresponding to Customer’s selected Subscription Plan (“Subscription Plan Fee(s)”), to be paid by Customer to rebel iQ in consideration of Customer’s access to and use of the CaaS Platform and ConversionPro™ Mortgage Marketing Website Services shall be provided under Schedule B (Subscription Plan Fees) and stated on the applicable invoice. 

Downtime. Customer acknowledges that the CaaS Platform and/or ConversionPro™ Mortgage Marketing Website Services may be temporarily unavailable due to scheduled maintenance or for unscheduled emergency maintenance, conducted either by rebel iQ or by third party service providers, or due to other causes beyond rebel iQ’ reasonable control. Where reasonably possible, rebel iQ shall use reasonable efforts to provide Customer with advance written notice via e-mail as pertains to any scheduled service disruption. 

ConversionPro™ Mortgage Marketing Website Subscription Plan Fees 

Setup Fee: $597 

Monthly / Annual Subscription: $97

CONVERSIONPRO™ BLOG SUBSCRIPTION SERVICES 

Customer wishes to access and use rebel iQ’s ConversionPro™ Blog Service (defined below) for the benefit of its/his/her business operations. 

In consideration of You subscribing to or using the ConversionPro™ Blog Service (“Blog Service”), rebel iQ hereby grants Customer a non-exclusive, revocable, limited, non-transferable, non-sublicensable license to access and use the Blog Services for: 

Customer acknowledges, understands and agrees that: 

ConversionPro™ Blog Services. rebel iQ currently provides Customer, through the CaaS Platform, with 

(collectively the “ConversionPro™ Blog Service(s)”). 

For the avoidance of doubt, the ConversionPro™ Blog Services is available only to Customers who have subscribed to rebel iQ ConversionPro™ Website Services, and the content/topic of the blog to be posted on Customer’s ConversionPro™ Website shall be determined rebel iQ in its sole discretion. 

Customer acknowledges and understands that:

Support Services. rebel iQ shall provide Customer with support services via telephone and email, between Monday to Friday from 07h00am to 16h00pm PST, in order to address any queries, concerns, or technical issues Customer may have pertaining to the ConversionPro™ Blog Services as well as to any payment/account issue. rebel iQ shall endeavor to resolve any queries and concerns Customer may have within seven (7) business days from the date you first logged the issue with us. 

Customer obligations for use of ConversionPro™ Blog Services.  Customer shall:

Schedule A

ConversionPro™ Blog Service(s) Description

The following elements/functionalities are included in the ConversionPro™ Blog Service(s): 

Schedule B

ConversionPro™ Blog Service(s) Subscription Plan Fees 

Setup Fee: $197 

Monthly / Annual Subscription: $47

DO-IT-FOR-ME FACEBOOK ADS SUBSCRIPTION SERVICES AGREEMENT 

rebel iQ provides a service related to management of Facebook advertisements (Do-It-For-Me Facebook Ads Subscription Services).   The Do-It-For-Me Facebook Ads Services, offered through the CaaS Platform, allows Customer:   

In consideration of You subscribing to the Do-It-For-Me Facebook Ads Subscription Services, rebel iQ hereby grants Customer a non-exclusive, revocable, limited, non-transferable, non-sub licensable license to access and use Do-It-For-Me Facebook Ads Subscription Services for: 

Customer acknowledges, understands and agrees that: 

Customer acknowledges and understands as follows:

Customer obligations for use of Do-It-For-Me Facebook Ads Services.  Customer shall:

The fees, and any associated setup fees, corresponding to Customer’s selected Subscription Plan (“Subscription Plan Fee(s)”), to be paid by Customer to rebel iQ in consideration of Customer’s access to and use of the CaaS Platform and Do-It-For-Me Facebook Ads Services shall be provided under Schedule B (Subscription Plan Fees) and stated on the applicable invoice. 

While rebel iQ may collaborate with Customer’s personnel and/or third party vendors to resolve issues, rebel iQ shall not be responsible or liable for the functionality or support of Customer’s business, services, operations, or any warranties provided by the personnel and/or third party vendors to the Customer. 

Customer acknowledges that the CaaS Platform and/or Do-It-For-Me Facebook Ads Services may be temporarily unavailable due to scheduled maintenance or for unscheduled emergency maintenance, conducted either by rebel iQ or by third party service providers, or due to other causes beyond rebel iQ’ reasonable control. Where reasonably possible, rebel iQ shall use reasonable efforts to provide Customer with advance written notice via e-mail as pertains to any scheduled service disruption. 

Schedule A

Do-It-For-Me Facebook Ads Service(s) Description 

The following elements/functionalities are included in the Do-It-For-Me Facebook Ads Service(s): 

Schedule B

Subscription Plan Fees 

Setup Fee: $997 

Monthly Fees / Annual Subscription: $497 Ad Spend Requirements: $1,501-$5,000

DO-IT-FOR-ME GOOGLE ADS SUBSCRIPTION SERVICES AGREEMENT 

rebel iQ provides a service related to management of Google advertisements (Do-It-For-Me Google Ads Subscription Services).   The Do-It-For-Me Google Ads Services, offered through the CaaS Platform, allows Customer:   

In consideration of You subscribing to the Do-It-For-Me Google Ads Subscription Services, rebel iQ hereby grants Customer a non-exclusive, revocable, limited, non-transferable, non-sub licensable license to access and use Do-It-For-Me Google Ads Subscription Services for: 

Customer acknowledges, understands and agrees that: 

Customer acknowledges and understands as follows:

Customer obligations for use of Do-It-For-Me Google Ads Services.  Customer shall:

The fees, and any associated setup fees, corresponding to Customer’s selected Subscription Plan (“Subscription Plan Fee(s)”), to be paid by Customer to rebel iQ in consideration of Customer’s access to and use of the CaaS Platform and Do-It-For-Me Google Ads Services shall be provided under Schedule B (Subscription Plan Fees) and stated on the applicable invoice. 

While rebel iQ may collaborate with Customer’s personnel and/or third party vendors to resolve issues, rebel iQ shall not be responsible or liable for the functionality or support of Customer’s business, services, operations, or any warranties provided by the personnel and/or third party vendors to the Customer. 

Customer acknowledges that the CaaS Platform and/or Do-It-For-Me Google Ads Services may be temporarily unavailable due to scheduled maintenance or for unscheduled emergency maintenance, conducted either by rebel iQ or by third party service providers, or due to other causes beyond rebel iQ’ reasonable control. Where reasonably possible, rebel iQ shall use reasonable efforts to provide Customer with advance written notice via e-mail as pertains to any scheduled service disruption. 

Schedule A

Do-It-For-Me Google Ads Service(s) Description 

The following elements/functionalities are included in the Do-It-For-Me Google Ads Service(s): 

Schedule B

Subscription Plan Fees 

Setup Fee: $997 

Monthly Fees / Annual Subscription: $497 Ad Spend Requirements: $1,501-$5,000

CAAS PLATFORM AND ORIGINATOR EVERYWHERE SERVICE AGREEMENT

rebel iQ provides a service related to the creation and management of banner ads and  the placement and running of banner ads on third party websites, so as to target and attract marketing leads/traffic (i.e. potential Customers) and improve Customer’s brand awareness, through the “Originator Everywhere” Service.  

In consideration of You subscribing to the Originator Everywhere Services, rebel iQ hereby grants Customer a non-exclusive, revocable, limited, non-transferable, non-sub licensable license to access and use Do-It-For-Me Facebook Ads Subscription Services for: 

Customer acknowledges, understands and agrees that: 

Support Services. rebel iQ shall provide Customer with support services via telephone and email, between Monday to Friday from 07h00am to 16h00pm PST, in order to address any queries, concerns, or technical issues Customer may have pertaining to the Originator Everywhere Services as well as to any payment/account issue. rebel iQ shall endeavor to resolve any queries and concerns Customer may have within seven (7) business days from the date you first logged the issue with us. 

Subject to the terms and conditions of this Agreement and, Customer agrees to: 

Restrictions. Customer shall not: 

rebel iQ cannot guarantee that the Originator Everywhere Services will generate a profit or a return on investment or positive feedback for the Customer or that the Originator Everywhere Services will be error-free. rebel iQ cannot therefore be liable to Customer or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the Originator Everywhere Services. 

Subscription Plans. rebel iQ currently offers Customers with several subscription plan options on the CaaS Platform, that enables Customer to use the Originator Everywhere Services (“Subscription Plan(s)”). Each Subscription Plan shall (i) include restrictions and requirements that outline the features of the Subscription Plan, and (ii) reference the applicable fee. The features of each Subscription Plan shall be further detailed on the rebel iQ website located at www.leadpops.com.