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. 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.
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
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;
Harm minors in any way;
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;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
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);
Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
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;
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;
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;
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;
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;
“Stalk” or otherwise harass another; or
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.
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.
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.
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:
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.
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.
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.
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.
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.