I. Acceptance. The following terms and conditions govern your participation in the real
estate “Dialer Pool” program (the “Program”) offered by Blue Acorn Marketing LLC, an
Arizona limited liability company doing business as StartVirtual (“StartVirtual”) through its
website (the “Site”). By participating in the Program, you and any entity you are authorized to
represent (collectively "You" or "Your") acknowledge, agree to, and accept these terms and
conditions (also known as the “Agreement”) effective as of the date you first subscribe to the
Program. This Agreement shall govern Your current and future participation in the Program. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN
THIS AGREEMENT, DO NOT PARTICIPATE IN THE PROGRAM.
II. Subscription and Payment.
A. You will select the number of calls to be provided by StartVirtual through its
virtual assistants (the “VAs”) for the price advertised on the Site (the “Subscription”). The calls
will be made to the individuals in the records to be provided by You to StartVirtual in the time
frame(s) listed on the Site. You shall be charged the price of the Subscription in advance of any
of the Program services being provided to You.
B. You authorize StartVirtual to charge Your credit card on the day You purchase
the Subscription. You will not be entitled to a refund of any amount of the Subscription once
charged to Your credit card. In the event You challenge or contest the Subscription charge to
Your credit card, StartVirtual, upon receiving notice of the same may immediately stop
providing any Program services to You until such time as a decision has been made regarding
Your challenge to or contest of the Subscription charge.
III. Program Services Provided and Guarantee.
A. StartVirtual will have VAs call the individuals listed in the records provided by
You to StartVirtual. The records provided by You shall be for individuals who own or have an
ownership interest in real property. The VAs will work to contact these individuals, and, upon
making contact, will utilize a script provided by StartVirtual to determine whether the individual
is considered a Lead.
B. You acknowledge, understand and agree that StartVirtual’s VAs who are making
the calls under the Program may not be located within the United States.
C. StartVirtual guarantees that it will provide You with one (1) Lead per five
hundred (500) records provided to StartVirtual (the “Guarantee”). Upon providing You with the
Lead, you will be responsible for making further contact with the Lead to discuss specifics of
any potential real estate transaction with the Lead. Once a Lead has been identified and provided
to You, StartVirtual will have no further involvement with or responsibility to further contact or
follow up with the Lead. For purposes of this Agreement, the term “Lead” shall mean an
individual who has an ownership interest in real property and may be willing to sell such real
property because the individual has identified three (3) of the following four (4) items to the VA:
(1) timeline for a potential sale of the real property; (2) price at which the real property might be
sold; (3) the condition of the real property; and (4) any motivation the individual may have to
sell the real property. In the event StartVirtual’s VAs make contact with five hundred (500)
records provided by You without identifying a Lead, StartVirtual will have its VAs continue to
make contact with additional records provided by You until such time as StartVirtual provides
You with a Lead. Once a Lead is provided, StartVirtual shall have no further duties or
obligations to You under this Guarantee. If You fail to provide StartVirtual with additional
records for StartVirtual to contact to fulfill the terms of the Guarantee, within ten (10) days of
StartVirtual’s written request, StartVirtual shall have no further duties or obligation to You under
this Guarantee or the Subscription. StartVirtual’s obligation under this Guarantee is limited to
providing You with a Lead. No refund of the Subscription will be made to You.
IV. Hold Harmless and Limitation of Liability.
A. You hereby release, and agree to exonerate, protect, indemnify, defend and hold
harmless StartVirtual, its members, managers, VAs, and employees from any loss, damages,
liability, or claim incurred, brought or alleged by any third-party resulting from or arising out of
StartVirtual contacting or attempting to contact any individual listed in the records provided by
You to StartVirtual.
B. IN NO EVENT SHALL StartVirtual BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF
PROFITS, LOSS OF GOODWILL, OR TORTIOUS CONDUCT RELATING TO, CAUSED
BY OR ARISING OUT OF StartVirtual’s PERFORMANCE OR RENDERING OF ANY
PROGRAM SERVICES TO OR FOR YOU. ANY DAMAGES THAT StartVirtual IS
REQUIRED TO PAY FOR ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE,
BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF THE FORM OF
THE ACTION IN THE AGGREGATE, UNDER THIS AGREEMENT SHALL BE LIMITED
TO THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION THROUGH WHICH THE
PROGRAM SERVICES WERE PROVIDED TO YOU.
V. Disclaimers of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, StartVirtual MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED,
REGARDING THE SERVICES PROVIDED TO YOU THROUGH THE PROGRAM.
StartVirtual DOES NOT WARRANT THAT ANY LEAD PROVIDED TO YOU OR YOUR
PARTICIPATION IN THE PROGRAM WILL RESULT IN ANY CONTRACT FOR THE
PURCHASE OF ANY REAL PROPERTY OR ANY PROFIT BY YOU. ANY LEAD
PROVIDED TO YOU WILL BE "AS IS," AND StartVirtual MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO THE LEAD.
VI. Force Majeure. If StartVirtual cannot perform any of its obligations under this
Agreement due to events beyond StartVirtual’s control StartVirtual's performance under this
Agreement shall be excused. Events beyond StartVirtual’s control include, but are not limited
to, pandemics, epidemics, acts of God, war, civil commotion, labor disputes, strikes, fire, flood
or other casualty, government regulation or restriction, and weather conditions.
VII. Law & Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Arizona. Jurisdiction over any disputes will be vested exclusively in the
state courts of the State of Arizona, with venue in Maricopa County, and You consent to
jurisdiction in the State of Arizona.
VIII. Attorneys Fees. The prevailing party in any lawsuit or arbitration arising out of or
related to this Agreement, the Program or the Subscription shall be entitled to an award of their
attorneys' fees and costs against the non-prevailing party, which attorneys' fees and costs shall
include, but are not limited, to those incurred in collecting any judgment awarded in favor of the
IX. Complete Agreement. This Agreement represents the entire understanding relating to
Your participation in the Program and shall prevail over any prior or contemporaneous,
conflicting or additional, communications. StartVirtual reserves the right to revise this
Agreement at any time without notice by updating this posting and any future participation in the
Program will be subject to such revised Agreement.