Secret Sellers Network

Terms of Service

Welcome to Secret Seller Network! These Terms of Service (“Terms”) govern your access to and use of the services provided by Secret Seller Network (“Secret Seller Network,” “we,” “us,” or “our”), including our off-market commercial real estate prospecting tool (the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.

1. Acceptance of Terms
By accessing or using our Website, you agree to comply with these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use our Website.

2. Subscription, NDA, and Opt-In for SMS Communication
To access certain features of the Website, you must subscribe to our services and sign a Non-Disclosure Agreement (“NDA”). By subscribing and signing the NDA, you agree to adhere to its terms and conditions, including maintaining the confidentiality of any proprietary information shared on the Website.

By subscribing, submitting inquiries through our Website, or engaging with our listings on third-party platforms, you expressly consent to receive SMS communications from Secret Seller Network. These messages may include updates about properties, NDA approvals, exclusive opportunities, and other relevant communications.

You may opt out of receiving SMS messages at any time by replying “STOP” to any message or contacting us at help@secretsellersnetwork.com

3. User Conduct
You agree to use our Website only for lawful purposes and in accordance with these Terms. You must not use our Website to engage in any activity that could harm, disable, overburden, or impair our Website, or interfere with any other party’s use of our Website.

4. User-Submitted Content
Secret Seller Network is a platform for user-submitted content. We do not guarantee the accuracy, legitimacy, or any other aspect of the user-submitted data. You, the user, are solely responsible for the content you submit. By submitting content, you agree to comply with all applicable laws and regulations. Secret Seller Network does not endorse, verify, or stand behind the accuracy of any user-submitted content.

5. Intellectual Property
The overall structure and organization of the Website are the property of Secret Seller Network. All proprietary content provided by Secret Seller Network, including logos, trademarks, and service marks, remains the property of Secret Seller Network and is protected by applicable copyright laws. User-submitted content remains the property of the individual users who submitted it.

6. Privacy
Our Privacy Policy explains how we collect, use, and disclose information about you. By using our Website, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy.

7. SMS Communication
By opting in to SMS communication through the methods described in Section 2, you acknowledge and agree that you may receive automated or manual text messages from Secret Seller Network related to property updates, NDA approvals, or other relevant notifications. Standard message and data rates may apply.

To stop receiving SMS messages, reply “STOP” to any text message or contact us at help@secretsellersnetwork.com. For further assistance, you can reply “HELP” or reach out to our support team.

8. Limitation of Liability
To the fullest extent permitted by applicable law, Secret Seller Network shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website; (b) any conduct or content of any third party on the Website; (c) any content obtained from the Website; or (d) unauthorized access, use, or alteration of your transmissions or content.

9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

10. Contact Us
If you have any questions about these Terms, please contact us at secretsellernetwork@gmail.com or visit our website at secretsellernetwork.com.

Disclaimer:
Secret Seller Network is a prospecting tool for user-submitted content. We do not guarantee the accuracy, legitimacy, or any other aspect of the user-submitted data. The content is provided solely for prospecting purposes to our exclusive NDA-signed network. Tiered levels of access ensure seller safety and security, and our extensive network of off-market opportunities provides exclusive, hard-to-find deals for our buyers.

This Non-Circumvention, Non-Disclosure, Procurement Cause, and Proof of Funds Agreement (the “Agreement”) is entered into as of [Signed Date], by and between Kevin Flanagan and his broker, Broker Pineywoods Realty (collectively referred to as the “Broker”) and the undersigned principal buyer and/or undersigned buyer’s broker (collectively referred to as the “Buyer”).

WHEREAS, the Broker has introduced the Buyer to potential business and real estate listings, covering a wide range of stakeholders including sellers, clients, partners, and comprehensive books of business, and including Confidential Information as defined below.

WHEREAS, the Broker facilitates introductions and transactions, ensuring that all parties, including buyers brought to other brokers, adhere to the protocols set forth in this Agreement, thereby protecting the interests of all involved parties.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

Confidential Information:

The Broker may provide the Buyer with access to specific Confidential Information pertaining to business and real estate listings, which also encompasses details related to the Broker’s sellers, clients, partners, and their respective books of business. The Confidential Information may include, but is not limited to, financial records, business operations, client lists, property details, and other sensitive data.

Non-Circumvention and Procurement Cause:

(a) The Buyer acknowledges the unique value provided by the Broker through the introduction to potential business and real estate listings, including the Broker’s network of sellers, clients, and partners. Such introductions are recognized as establishing a procuring cause relationship.

(b) To protect the interests of all parties involved, including those of sellers and the Broker’s network, the Buyer commits to not engage directly with any sellers or their representatives introduced by the Broker without express written consent. This includes sellers and businesses brought to the attention of the Buyer by the Broker during the term of this Agreement.

(c) The Buyer agrees to honor the procurement cause established by the Broker’s introductions, ensuring that within 12 months post-termination of this Agreement, any transactions with introduced parties will include negotiations for commissions to the Broker, acknowledging the Broker’s role in facilitating such opportunities.

Non-Disclosure:

The Buyer is bound by confidentiality, agreeing not to disclose, distribute, or disseminate any Confidential Information to third parties without prior written consent from the Broker. This includes sensitive information related to the Broker’s sellers, clients, partners, and their books of business. This obligation extends beyond the termination of this Agreement.

Use of Confidential Information:

The Buyer agrees to use the Confidential Information solely for evaluating potential business and real estate acquisitions. Misuse of Confidential Information, including using it for any purpose other than as agreed upon or in a way that disadvantages the Broker’s network, including sellers, clients, and partners, is strictly prohibited.

Commission Payment:

Acknowledging the Broker’s critical role in facilitating introductions and potential transactions, the Buyer agrees to the commission structure negotiated for transactions where the Broker’s involvement was pivotal. This includes transactions with sellers and within the Broker’s network where the Broker is not directly compensated by the seller.

Proof of Funds:

The Buyer shall provide proof of funds upon request, demonstrating financial capability to engage in transactions introduced by the Broker. This ensures the credibility and seriousness of the Buyer within the scope of transactions involving the Broker’s network.

Indemnification:

The Buyer indemnifies Kevin Flanagan and Broker Pineywoods Realty against claims arising from breaches of this Agreement, including, but not limited to, unauthorized direct engagements with sellers, clients, and partners within the Broker’s network.

Media Release and Consent:

Recording Consent:

The Buyer and the Broker hereby acknowledge and consent to the audio and video recording of meetings, tours of properties or businesses, and closing transactions (collectively referred to as “Recorded Events”) that may occur during the term of this Agreement. Such recordings may be used for the purposes of producing and publishing podcast episodes or other media content by Kevin Flanagan, Broker Pineywoods Realty, or their designated media partners (collectively referred to as the “Publishers”).

Use of Media:

The Buyer and the Broker grant the Publishers an irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the recordings of the Recorded Events, in whole or in part, in any media formats and through any media channels known now or developed later, for purposes including but not limited to marketing, promotion, and educational content related to real estate and business transactions.

Ownership of Recordings:

All recordings of the Recorded Events produced under this Agreement shall be the sole property of the Publishers. The Buyer and the Broker acknowledge that they shall not have any claim to compensation, attribution, or any other right in relation to the recordings or the content derived from such recordings.

Right to Privacy and Likeness:

The Buyer and the Broker expressly waive any rights to privacy, publicity, or royalties that might arise from or relate to the use of their likeness, voice, or any other identifiable representation made in the course of the Recorded Events. This includes but is not limited to the right to approve the final product, the right to compensation, and any other personal or proprietary rights.

Notification and Consent:

The Broker agrees to notify all participants in the Recorded Events of the intent to record and the potential use of such recordings as outlined in this Agreement. All participants must provide explicit consent to be recorded, either verbally at the beginning of the Recorded Event or in writing prior to the commencement of the Recorded Event.

No Obligation to Use:

The Publishers are under no obligation to use any recording made during the Recorded Events. The decision to use or not use the recordings is at the sole discretion of the Publishers.

Compliance with Laws:

The recording and use of the Recorded Events will be in compliance with all applicable laws, including but not limited to laws relating to privacy, consent, and intellectual property.

This Media Release and Consent clause ensures that all parties are aware of and consent to the recording and use of audio and video during significant events, protecting the rights of all involved while allowing for the production of engaging and informative content for the podcast or other media outlets.

Governing Law:

This Agreement shall be governed by the laws of the State of Florida, ensuring clarity and consistency in the interpretation and enforcement of its terms.

Entire Agreement:

This document represents the full agreement between the parties, superseding previous discussions and understandings regarding the subject matter herein.

Termination:

Termination can occur through written notice by either party. However, obligations related to non-circumvention, non-disclosure, and indemnification will persist as detailed within this Agreement.