1. ACCEPTANCE OF TERMSTopAgent2000 provides its service to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice to
you. You should review these TOS from time to time to keep yourself informed of
any amendments or additions. In addition, when using particular TopAgent2000
services, you and TopAgent2000 shall be subject to any posted guidelines or
rules applicable to such services which may be posted on this web site from time
to time. All such guidelines or rules are hereby incorporated by reference into
the TOS. By accessing and using this Web site you are deemed to have read,
understood and agreed with the terms and conditions as set out herein.
2. DESCRIPTION OF SERVICE
TopAgent2000 will provide users with access to online services to help enrich
the process of relocating which includes, but is not limited to, home buying and
selling services, moving, home financing, insurance and travel. The Services
accessed through this Web site are available only in those provinces,
territories, and states in the United States of America, Canada and other parts
of the World where they may be legally offered by TopAgent2000. TopAgent2000
does not offer these Services where they conflict with any state, local or
federal law.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Service, shall be subject to these TOS. By using this Service, you
acknowledge that you understand and agree that the Service is provided "AS IS"
and that TopAgent2000 assumes no responsibility for the timeliness, deletion,
misdelivery, or failure to provide the Services.
If, in order to use the Service, you must obtain access to the World Wide
Web, then you must pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem, if nrcessary.
4.relo_guide PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you receive a password and account designation upon completing any
registration forms, you are responsible for maintaining its confidentiality and
fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify TopAgent2000 of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. TopAgent2000 cannot and will
not be liable for any loss or damage arising from your failure to comply with
this Section 5.
6. VISITOR CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person or organization from which such Content originated. This means that you,
and notrelo_guide, are entirely responsible for all Content and Services that
you upload, post, email, or otherwise transmit via the Service. You understand
that by using the Service, you may be exposed to Content and Services that may
be offensive, indecent, or objectionable. Under no circumstances will
TopAgent2000 be liable in any way for Content. This includes, but is not limited
to any errors or omissions in any Content and any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, or otherwise
transmitted via the Service.
You agree to not use the Service to
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| a. |
Upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically, or otherwise
objectionable;
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| b. |
Harm minors in any way;
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| c. |
Impersonate any person or entity, including, but not limited to, a
TopAgent2000 official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
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| d. |
Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
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| e. |
Upload, post, email, or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, or proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
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| f. |
Upload, post, email, or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright, or other proprietary
rights ("Rights") of any party;
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| g. |
Upload, post, email, or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such
purpose;
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| h. |
Upload, post, email, or otherwise transmit any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment;
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| i. |
Disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage
in real time exchanges;
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| j. |
Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies,
or regulations of networks connected to the Service;
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| k. |
Intentionally or unintentionally violate any applicable local, state,
national, or international law including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, and any rules of any national or other securities
exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
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| l. |
"Stalk" or otherwise harass another; or
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| m. |
Collect or store personal data about other users.
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You acknowledge that TopAgent2000 does not pre-screen Content, but that
TopAgent2000 and its designees shall have the right (but not the obligation) in
their sole discretion to refuse, remove, or move any Content that is available
via the Service. Without limiting the foregoing, TopAgent2000 and its designees
shall have the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate and bear all risks associated
with the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and holdrelo_guide, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to, or transmit through the
Service, out of your use of the Service, out of your connection to the Service,
out of your violation of the TOS, or out of your violation of any rights of
another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
10. MODIFICATIONS TO SERVICE
TopAgent2000 reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that TopAgent2000 shall not be liable to you or to
any third party for any modification, suspension, or discontinuance of the
Service.
11. TERMINATION
You agree thatrelo_guide, in its sole discretion, may terminate your password,
account (or any part thereof), or use of the Service, and may remove and discard
any Content within the Service, for any reason including, without limitation,
for lack of use or if TopAgent2000 believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. TopAgent2000 may also in
its sole discretion and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be effected without
prior notice, and you acknowledge and agree thatrelo_guide may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or the Service. Further, you
agree that TopAgent2000 shall not be liable to you or to any third-party for any
termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
advertisers. You agree that TopAgent2000 shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
13. LINKS
The Service or third parties may provide links to other Internet, World Wide Web
or Wireless sites or resources. Becauserelo_guide has no control over such sites
and resources, you acknowledge and agree thatrelo_guide is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that TopAgent2000 shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
14.relo_guide'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
TopAgent2000 or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the Service or the Software, in
whole or in part. TopAgent2000 grants you a personal, non-transferable, and
non-exclusive right and license to use the object code of its Software on a
single computer and or wireless device; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble, or otherwise attempt to discover any source code and
provided that you do not (and do not allow any third party to) sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any unauthorized manner or
form or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is
authorized by or provided by TopAgent2000 for use in accessing the Service.
15. FEE INFORMATION
Any and all incentives resulting or arising out of the use of this Service are
only payable upon the completion of a transaction contemplated by the referral
and completion of all obligations to all parties by the referral agent. In the
event the agent does not honor all legal obligations torelo_guide, then the
resulting incentive payment to you as a consumer will not be paid. In the event
costs are incurred with respect to the completion of any outstanding monetary
obligation on the part of the referral agent, then the resulting incentive
payment to you, as the consumer, will be paid net of any such incurred costs.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. TopAgent2000 EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
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| b. |
TopAgent2000 MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, HOMES, REAL ESTATE
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
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| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM TopAgent2000 OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
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17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TopAgent2000 SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF TopAgent2000 HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY
TO YOU.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
The TopAgent2000 logo, trademarks and service marks, icons, and other
TopAgent2000 logos and product and service names are service marks of Suncastle
Enterprises, Inc. (the "TopAgent2000 Marks"). Withoutrelo_guide's prior
permission, you agree not to display or use in any manner the TopAgent2000
Marks.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and TopAgent2000 and govern
your use of the Service, superceding any prior agreements between you and
TopAgent2000. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content, or third-party
software. The TOS and the relationship between you and TopAgent2000 shall be
governed by the laws of the State of Arizona without regard to its conflict of
law provisions. You and TopAgent2000 agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Pima, Arizona.
The failure of TopAgent2000 to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.