Terms of Service

Acceptance of Terms

TopAgent2000’s services are provided under the Terms of Service (TOS), which may be updated without notice. You should periodically review the TOS for changes. When using specific services, you agree to any posted guidelines or rules. By using this website, you accept its terms and conditions

Description of Service

TopAgent2000 provides online services for home buying and selling, available where legally offered. New features will be subject to these terms.

TOS

The Service is provided “as is”. You’re responsible for web access costs and equipment.

Privacy Policy

Your registration data is subject to our Privacy Policy.

Member Account, Password and Security

You’re responsible for your account’s security and any activities under it. Notify TopAgent2000 of any security breaches.

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

1. 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;
2. Harm minors in any way;
3. 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;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. 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);
6. Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
7. 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;
8. 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;
9. 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;
10. 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;
11. 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;
12. “Stalk” or otherwise harass another; or
13. 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.

Special Admonitions for International Use

Given the Internet’s global nature, you agree to comply with all local rules about online conduct and content, including laws about technical data transmission.

Indemnity

You agree to indemnify TopAgent2000 and its affiliates from any claims or demands, including attorneys’ fees, arising from your use of the Service or your violation of the TOS or others’ rights.

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.

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.

Termination

You agree to follow local rules for online behavior and content, including laws on data transmission.

Dealings with Advertisers

Any dealings or promotions with advertisers found through the Service are solely between you and the advertisers. TopAgent2000 isn’t responsible for any loss or damage from such dealings or the presence of advertisers on the Service.

Links

The Service may provide links to other sites or resources. TopAgent2000 isn’t responsible for the availability, content, or products of these sites or resources, or any damage or loss from using them.

Proprietary Rights

You acknowledge that the Service and its software contain proprietary information protected by law. Content in advertisements is also protected. Without TopAgent2000’s authorization, you agree not to alter or distribute the Service or its software. TopAgent2000 grants you a personal, non-transferable license to use its software on a single device, provided you don’t modify it or use it for unauthorized access to the Service. You agree to access the Service only through the authorized interface.

Fee Information

Incentives from this Service are payable only after a transaction is completed and all obligations are met by the referral agent. If the agent fails to meet all legal obligations to TopAgent2000, no incentive payment will be made to you. If costs are incurred due to the agent’s outstanding obligations, your incentive payment will be reduced by these costs.

Disclaimer of Warranties

You agree that you use the Service at your own risk. It’s provided ‘as is’ and ‘as available’, with no warranties. TopAgent2000 doesn’t guarantee that the Service will meet your needs, be uninterrupted, secure, error-free, or that the results will be accurate or reliable. Any material downloaded is at your own risk, and you’re responsible for any damage or data loss. No advice or information from TopAgent2000 creates any warranty not stated in the TOS..

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.

Exclusions and Limitation

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.

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.

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.

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.