SUBSCRIPTION AGREEMENT BETWEEN ezREIclosings LLC AND CLIENT
This Subscription Agreement (“Agreement”) is entered into by and between ezREIclosings LLC, a limited liability company organized under the laws of the State of Tennessee, with its principal place of business at 5312 Ringgold Road, Suite 202, East Ridge, Tennessee 37412 (“ezREIclosings”), and the purchaser of services under this Agreement (“Client”), whose mailing address and email address are as provided on the account registration page.
1. Term: The term of this Agreement shall commence on the date of execution by the Client and shall continue for a period of one (1) year (“Initial Term”). This Agreement will automatically renew for successive one-year periods (“Renewal Term”) unless the Client provides written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term.
2. Payment: The Client agrees to pay ezREIclosings the applicable subscription fee, which shall be automatically charged to the Client’s credit card on file on the same day each month based on the Client’s signup date (“Payment Date”). The Client acknowledges that they will not receive an invoice for these charges. If the Client exceeds the allotted number of contract uploads per month under their selected plan, an overage fee will be applied. Specifically, a fee of $197 will be charged to the Client’s credit card on file at the time of each excess upload, and an additional fee of $552 will be added to the transaction to be paid at closing. The Client acknowledges that there are no refunds for unused services within a month and that such unused services do not carry forward.
3. Termination and Cancellation: This Agreement shall automatically renew for successive one-year terms unless either party provides written notice of its intent not to renew at least thirty (30) days prior to the end of the then-current term. If the Client wishes to cancel the subscription, the Client must provide a thirty (30) day written notice and shall be responsible for a final payment equivalent to one (1) month’s subscription fee at the time of cancellation. Following the final payment, ezREIclosings will continue to work on any active files for a period of thirty (30) days. Any deals submitted by the Client that have not closed at the time of cancellation will continue to be processed by ezREIclosings for thirty (30) days from the date of the final payment. The Client acknowledges that by entering into this Agreement, they commit to a minimum service period of ninety (90) days. Should the Client cancel the Agreement prior to completing these ninety (90) days, the Client remains liable for payment covering the full ninety (90) day term.
4. Services: ezREIclosings agrees to provide the Client with access to its proprietary online platform for the management and administration of real estate transactions. The Client acknowledges that ezREIclosings acts solely in an administrative capacity and does not provide legal, financial, or other professional advice. The Client is solely responsible for their own actions and decisions and agrees to indemnify and hold ezREIclosings harmless from any and all claims, demands, damages, liabilities, expenses, and losses arising out of or in connection with the Client’s use of the services provided under this Agreement. The Client acknowledges that ezREIclosings does not provide legal or financial advice, and it is the Client’s responsibility to seek such advice from their own attorney or financial advisor.
5. Use of Documents: The Client understands and agrees that any documents or contracts made available by ezREIclosings should be reviewed by the Client’s attorney or legal representative prior to use. The Client assumes all risk associated with the use of such documents and contracts and agrees to indemnify and hold ezREIclosings harmless from any and all legal actions, claims, or liabilities, including attorney’s fees, arising from the use of such documents or contracts in any manner that is illegal, immoral, or otherwise improper.
6. Non-Solicitation of Associates: During the Client’s engagement with ezREIclosings, and for a period of one (1) year following the termination of the Client’s Subscription Agreement, the Client agrees not to directly or indirectly solicit, recruit, entice, or induce any current or former associate, employee, contractor, or representative of ezREIclosings (“Associate”) to become an employee, contractor, or representative of the Client or any entity affiliated with the Client. This restriction applies regardless of whether the Client’s subscription remains active at the time of the Associate’s separation from ezREIclosings. A breach or threatened breach of this section shall entitle ezREIclosings to seek all appropriate legal and equitable remedies, including but not limited to injunctive relief, monetary damages, and attorney’s fees, without the requirement to post a bond or other security.
7. Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written, concerning the subject matter hereof. No modification or amendment to this Agreement shall be effective unless made in writing and signed by both parties, except as otherwise provided herein.
8. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Tennessee, and the parties irrevocably consent to the jurisdiction of such courts. The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Tennessee, and the arbitrator’s decision shall be final and binding on the parties. Each party shall bear its own costs and expenses, including attorneys’ fees, incurred in connection with the arbitration, and the parties agree to keep all arbitration proceedings and related information confidential.
9. Amendments: ezREIclosings reserves the right to modify or amend the terms of this Agreement at any time by providing the Client with thirty (30) days’ written notice of such changes. Any modifications or amendments shall become effective at the end of this thirty (30) day period unless the Client provides written notice of objection within that time. If the Client objects to the proposed modifications or amendments, the parties shall negotiate in good faith to resolve the objection. If no resolution is reached, either party may terminate the Agreement in accordance with its termination provisions.
