1. ACCEPTANCE OF TERMS
TopAgent2000 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 home buying and selling, 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 necessary.
4. TOPAGENT2000 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 not TopAgent2000, 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
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; |
b. |
Harm minors in any way; |
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; |
d. |
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; |
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); |
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; |
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; |
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; |
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; |
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; |
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; |
l. |
"Stalk" or otherwise harass another; or |
m. |
Collect or store personal data about other users. |
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 hold
TopAgent2000, 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 that TopAgent2000,
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 that TopAgent2000 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. Because TopAgent2000 has no control over such sites
and resources, you acknowledge and agree that TopAgent2000 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. TOPAGENT2000'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
to TopAgent2000, 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. |
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. |
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. |
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. |
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"). Without
TopAgent2000'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.