Terms of Use Agreement (the 'Agreement')
This Agreement describes the terms and conditions applicable to use of the Agentwebpros.com website, located at the URL http//www.Agentwebpros.com (the 'Website'). Use of the Website confirms your acceptance of the terms and conditions of the Agreement.
The Privacy Policy governs the protection and use of User Information. Each User hereby accepts the Privacy Policy, and any updates and amendments thereto.
Agentwebpros.com may amend this Agreement, at any time, by posting a restated Terms of Use Agreement on the Website. The newest Agreement becomes effective immediately upon posting. Continued use of the Website, after the posting of an amended Agreement, implies your acceptance of the amended terms.
Access to the Website and certain of its features are provided to all Users without charge. Agentwebpros.com restricts access to certain areas and/or features of the Website to paying members, or to those who complete a registration process.
General Use
Use of content
'Content' includes information, text, images, video clips, directories, files, databases and listings available on or through the Website. Content on the Website may not be used while operating a business that competes with Agentwebpros.com. Retrieval of content to compile a listing or database, robots, spiders, automatic devices or manual processes, is prohibited. Users agree that they shall not copy, reproduce or download any content available on the Website for the purpose of resale or distribution
Third-party content
Some content on the Website is provided, or posted, by third parties. Agentwebpros.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of third party content, and shall not be liable to any User in connection with such User's use thereof. Users may gain access to websites operated by third parties via links on the Agentwebpros.com Website. Please read all related Terms and Conditions prior to using any such website. Agentwebpros.com has no control over third party websites, does not monitor such sites, and is not responsible for any content, products or services offered on such websites.
User conduct
Agentwebpros.com is not responsible for the conduct of any User on the Website, and shall not be liable to any person or company in connection with any damage or loss suffered as a result of any User's conduct.
Unauthorized access
Users agree not to undertake any scheme to undermine the integrity of, or gain unauthorized access to, the computer systems or networks used by Agentwebpros.com.
Access to Website and Features
Agentwebpros.com reserves the right to limit, modify or deny access to the Website and its features and/or to change any of the features without prior notice. Each User acknowledges that their inability to use the Website, wholly or in part, for whatever reason, may have adverse effects to them. Agentwebpros.com is not liable to any User (or third party) for any loss or damage resulting from the User's inability to use the Website for whatever reason. Agentwebpros.com is not liable for loss or damage resulting from delays, errors, omissions, communication or transmission errors, or any damages (direct, indirect, consequential or otherwise) arising from the use of, or inability to use, the Website or any of its features.
Registration
Account creation
Any User who completes the registration process becomes Registered User of the Website. Each Registered User consents to the inclusion of their personal data in our database and authorizes Agentwebpros.com to share such information in accordance with the most recently posted Privacy Policy.
Agentwebpros.com will establish an account for each Registered User, and assign a login name to each. Each Registered User can select a password to gain access to their account. Selection and maintenance of an appropriate password is the responsibility of the Registered User - Agentwebpros.com is not liable for any damage or loss resulting from unauthorized access to a Registered User's account.
Representation
If a Registered User is a business entity, the individual who registers on the Website represents that they have the authority to bind the entity to this Agreement; that the address used when registering is the principal place of business of the entity; and that all other information submitted during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity, and its principal place of business will be deemed to be that of its head office.
Termination
Agentwebpros.com may suspend or terminate any account, without notice, if, in its determination, there is a breach of any provisions of this Agreement by that User.
Additionally, an account may be suspended or terminated without notice if Agentwebpros.com has reasonable grounds to suspect that information provided by a Registered User is untrue, inaccurate, incomplete or not current, or if Agentwebpros.com believes that the Registered User's actions may cause financial loss or legal liability.
Agentwebpros.com may refuse registration and/or deny the issuance of a User ID at its discretion.
Posting of information
Only active, Registered Users may post information on the Website, using the tools provided.
Relationship
No relationship is implied nor created between any User and Agentwebpros.com by virtue of the Registered User posting information on the Website.
Accuracy
Each User agrees to provide true, accurate, current and complete information to be displayed on the Website and maintain and promptly amend all information to retain accuracy and completeness.
License
Each User agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Website or provides to Agentwebpros.com to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
Each User grants an irrevocable, perpetual, worldwide, royalty-free license to Agentwebpros.com and it's designees to display and use all information provided by such User in accordance with the purposes set forth in this Agreement, and to exercise the copyright, publicity, and database rights in such material or information, in any media now known or not currently known.
Prohibited material
Each User agrees that information submitted to Agentwebpros.com for display on the Website shall NOT:
contain fraudulent information or make fraudulent offers.
involve the sale or attempted sale of counterfeit or stolen items.
involve the sale of products or services prohibited by applicable law.
involve the sale of products or services that infringe on any third party's copyright, patent, trademarks, trade secret or privacy.
violate any applicable law, statute or ordinance.
be defamatory, libelous, threatening or harassing.
contain any pornography or sexually explicit materials.
promote discrimination.
contain any material that constitutes unauthorized advertising or harassment.
encourage conduct that would constitute a criminal offence or give rise to civil liability.
engage in a commercial activity that competes with Agentwebpros.com.
contain any computer viruses, worm or other code which may of damage or interfere with any software, data or other information.
Removal of postings
Agentwebpros.com reserves the right, at its sole discretion, to remove any material displayed on the Website which it reasonably believes is unlawful, could subject Agentwebpros.com to liability, violates this Agreement or is otherwise found inappropriate.
Disclosure
Agentwebpros.com reserves the right to cooperate fully with governmental authorities in the investigation of any suspected criminal or civil wrongdoing. Further, Agentwebpros.com may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action. Agentwebpros.com shall not be liable for damages or results thereof. Each User agrees not to bring any action or claim against Agentwebpros.com for such disclosure.
Suspension and/or termination
Agentwebpros.com may suspend or terminate the account of any User as Agentwebpros.com deems appropriate, in its sole discretion.
Transactions
Through the Website, Agentwebpros.com provides a platform for exchanging information between buyers and sellers.
Representation
Agentwebpros.com represents neither the seller nor buyer in transactions, nor does Agentwebpros.com charge transaction commissions. As a result, Agentwebpros.com does not control and is not liable to, or responsible for, the quality, safety, lawfulness or availability of the services offered for sale on the Website, or the ability of sellers to provide product or service, or the ability of buyers to complete a purchase.
Risk
Users must be aware of the risks of dealing with people acting fraudulently. Agentwebpros.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Website. However, Agentwebpros.com cannot and does not confirm each User's purported identity.
Each User acknowledges that they fully assume all risks when using the Website to conduct transactions. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Each User agrees that Agentwebpros.com shall not be liable or responsible for any loss or damages that may arise as a result of, or in connection with, any transaction.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of the Website, including, without limitation, payment terms, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Dispute resolution
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Agentwebpros.com, its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, without limitation, any actual, special, incidental or consequential damages) arising out of, or in connection with, the transaction.
Limitation of Liability
Agentwebpros.com makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or current-ness of any information provided on or through the Website. Agentwebpros.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.
Agentwebpros.com shall not be held liable for any delay, failure or disruption of the content or services delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, network failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Each User hereby agrees to indemnify and hold Agentwebpros.com, its agents, affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the .
Each User further agrees that Agentwebpros.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User.
Agentwebpros.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from:
1. the use or the inability to use or access the Website;
2. any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Website;
3. unauthorized access by third parties to data or private information of any User;
4. statements or conduct of any User of the Website; or
5. any matters relating to Member Services* however arising, including negligence.
Intellectual Property Rights
Agentwebpros.com is the sole owner or lawful licensee of all the rights to the Website and the content therein. The Website and content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and content shall remain with Agentwebpros.com, its affiliates or licensors of the content. All rights not otherwise claimed under this Agreement, or by Agentwebpros.com, are hereby reserved.
Agentwebpros.com and related icons and logos are registered trademarks or trademarks or service marks of the Agentwebpros.com Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Other
Agentwebpros.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any provision herein is held to be invalid or unenforceable in a Court of Law of appropriate jurisdiction, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Agentwebpros.com's failure to enforce any right, or failure to act with respect to any breach by a User under these terms and conditions, shall not waive that right, nor the right to act with respect to subsequent or similar breaches.
Agentwebpros.com shall have the right to assign its obligations and duties in this Agreement to any person or entity.
This Agreement shall be governed by the laws of California. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Ventura County, California.
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