- Your Account, Password and Access Rights
- Electronic communications
- License and Use Restrictions
- Other Restrictions
- Modifications to the Services and Terms
- Charges/ Credits/Termination
- Agentology Referral Network
- Termination and Indemnity
- The Company and Third Party Proprietary Rights
- Disclaimer of Representation
- Limitation of Liability
- General Information
Terms & Conditions
These terms and conditions (“Terms”) are a legal agreement between You and Agentology, Inc., (the “Company”) and govern your access to and use of our website, www.agentology.com (the “Site”), and the content and services we make available through the Site (collectively with the Site, the “Services”). The operator of the Services, Agentology, Inc., is located at 101 W Broadway Suite 200, San Diego, CA 92101, United States. Other definitions that apply to these Terms include:
- “Client”, “you” and “your”, refers to you, the person accessing this Site and using the Services;
- “Agentology”, “Company”, “ourselves”, “we” and “us”, refers to Agentology, Inc.; and,
- A “Party” refers to either the Client or the Company, depending on how the term is used; “Parties”, refers to the Client and the Company collectively.
By using our Service, you are agreeing to these Terms. Please read them carefully:
You may use the Services only if you can form a binding agreement with us and only if you are in compliance with these Terms and all applicable laws. You must accept these Terms before you are allowed to use any Services. You may accept these Terms by taking any action which demonstrates your acceptance, including by:
- affirmatively clicking the hyperlink, button or other linking device containing the word “SUBMIT” or similar language which references or incorporates these Terms; or,
- accessing and using any part of the Services.
You may not unilaterally disregard any portion of these Terms. However, if there is a particular provision in these Terms that you wish to amend, you may contact us before your use of the Services to negotiate a separate clause or agreement. We do not guarantee that such negotiations will be successful. Nevertheless, if you wish to discuss your own personalized agreement, please contact us or have your attorney do so.
2. Registration and Content
You may visit and browse the Site without registering with us, but the use of many of the Services requires the creation of an account with Agentology. When you create your account with us, you must (a) provide us with accurate and complete information (“Registration Data”) as prompted by the registration form accessible via the Site and (b) maintain and promptly update the Registration Data to keep it accurate and complete as reasonably possible. If you provide any information that the Company reasonably suspects is untrue or incomplete, the Company may suspend or terminate your account and refuse any and all current or future use of the Services.
3. Your Account, Password and Access Rights
You may designate up to the number of users under your account which corresponds to the level of Service you are receiving from the Company, and you may provide and assign access rights to your account only to an authorized and designated user. You agree to take all necessary precautions to keep your username and password secure. You further agree that if your security is breached, you are solely responsible for any damage or liability occurring by this breach. You are responsible for safeguarding your account information. Even if you can prove hacking by clear and convincing evidence, you are still liable for any third party use of your username and password. You agree to be held responsible for all electronic communications from your account, including account registration and other account holder information, course information and other data including any Content (“Electronic Communications”). The Company will assume that any Electronic Communications it receives under your account will have been sent and/or authorized by you. You agree to immediately notify the Company if you become aware of any loss or theft or unauthorized use of any of your accounts.
4. Electronic Communications
You are responsible for all electronic communications that we or any other user receives from your account, including account registration and other account holder information, course information and other data including any Content (“Electronic Communications”). The Company will assume that any Electronic Communications it receives under your account will have been sent and/or authorized by you. You agree to immediately notify the Company if you become aware of any loss or theft or unauthorized use of any of your accounts. By using our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6. License and Use Restrictions
Certain Services may permit you to (a) provide the contact information of third party business leads or other contacts to the Company or (b) to configure your accounts in other services to redirect third party messages to us, in each case so that we may communicate with such contacts on your behalf. By providing us with such contact information, redirect communications to us, or otherwise choosing to use our services to communicate with such third parties, you represent and warrant: (y) you have obtained all consents required from such third parties to permit us to contact them by phone, text or email on your behalf; (z) you agree that we may contact such third parties by phone, text or email on your behalf. You agree that we shall have no liability for third party complaints arising from your failure to obtain any required consents pursuant to this Section and you will indemnify, defend and hold Agentology harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees and expenses) arising from any violation of state or federal laws or regulations, or any third party’s rights that result from such failure.
You may not reverse-engineer, decompile, disassemble or create derivative works of the Services or make any attempts to discover or derive the source code or underlying processes, ideas, structure, organization or algorithms of the Services. You will not access the Site or use any automatic device or manual process to monitor or reproduce the Services. You will not access the Site or use any device, software, computer code, or virus to interfere or attempt to interfere, disrupt or damage the Site or any communications on it. Additionally you agree not to circumvent any encryption or other security tools used anywhere on the Site (including theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site).
You shall not copy, sell, resell, rent or sublicense (including offering the Services to third parties on an applications service provider or time-sharing basis), lease, loan, give, redistribute, or create a derivative work of any portion of the Services. You agree not to access the Services by any means other than through the interface that is provided by the Company for use in accessing the Services. You may not use, copy, modify or transfer the Services, in whole or in part, except as expressly provided in these Terms.
By submitting uploading, posting or otherwise making available any data, files, software, text (including but not limited to names of files, databases and directories), software, music, sound, photographs, video or any other material (collectively, the “Content”) on or through Services, you represent and warrant that: (a) you are the owner of such Content, and (b) such use will not violate these Terms or any applicable laws. You agree that any such Content is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Content you have submitted. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and other third parties, and not the Company, are entirely responsible for Content that you upload or otherwise view or transmit via the Services. The Company does not control the Content uploaded or otherwise transmitted by you or other third parties via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
By submitting Content, you grant Company an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Content or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Content and to use your Content for advertising and promotional purposes.
We may, but are not obligated to, pre-screen Content or monitor any area of the Services through which Content may be submitted. We are not required to host, display, or distribute any Content on or through Services and may remove at any time or refuse any Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any Content. Further, you agree that we may freely disclose your Content to any third party absent any obligation of confidence on the part of the recipient.
8. Other Restrictions.
When using the Services, you agree to abide by common standards of decency and act in accordance with the law. For example, when using the Services you agree not to:
- upload or otherwise transmit or link to any Content or domain name that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm or exploit minors in any way;
- impersonate any person or entity, including, but not limited to, any the Company representative, or misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual relationships (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload or otherwise transmit or link to any Content or domain name that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
- remove any copyright, trademark or other proprietary notice from any Content;
- upload 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 of the Services that may be expressly designated for such purpose;
- upload 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;
- interfere with or disrupt the Services or servers or networks connected to the Services; or
- conduct raffles, contests, lotteries or sweepstakes, except in those areas of the Services that may be expressly designated for such purpose.
9.Modifications to the Services and Terms
Modifications to the Services. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or any part thereof. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or loss of access to the Content. The Company may specify from time to time the version(s) of related products required in order to use the Services (e.g. supported browser versions).
Modifications to these Terms. You agree that the Company may modify, add or remove provisions of these Terms from time to time. Your continued use of any part of the Services following any such modifications indicates you acknowledge and agree to be bound by the modifications. If you do not agree to any such changes, you should immediately cease all access and use of the Services. You agree that such termination of your use of the Services will be your sole and exclusive remedy if you do not wish to abide by any changes to these Terms. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this website or associated with specific services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded
You agree to pay all applicable fees associated with your use of the Services based on the Company’s then-current fees and billing terms. All fees are based on services purchased, regardless of actual usage. If you do not pay on time or if we cannot charge your payment method for any reason, we reserve the right to either suspend or terminate your access to the Services and account and terminate these Terms. When you subscribe and provide payment information your credit card or bank account will be debited accordingly. You agree to pay the monthly plan fee, the overage fees from any excess leads we receive beyond your plan limit, applicable taxes, and other charges incurred in connection with your account, all of which depend on your particular subscription and utilized Services. The Company reserves the right to modify its fees with or without notice and does not provide price protection or refunds in the event of promotions or price decreases.
Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as Taxes (as defined below) and other charges incurred thereto at regular intervals.
IMPORTANT NOTICE: Unless you cancel prior to the expiration of your current monthly subscription tier, we will automatically renew your subscription on each monthly anniversary of the date that you signed up for your subscription. We will charge your credit card with the applicable renewal subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Subscriptions must be cancelled at least 1 day prior to the monthly renewal date to avoid being charged the renewal subscription fee. You may cancel your subscription by emailing firstname.lastname@example.org and notifying us of your intent to cancel; provided that any subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part.
All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
11. Agentology Referral Network Terms
If you send or receive any referrals to or from the Agentology Referral Network, you agree to our Referral Fee Terms and Conditions [LINK]. Please review carefully.
12. Termination and Indemnity
This contract may be terminated by either party upon 1 or more days prior to the renewal date of your subscription. Any cancellations must be in writing to email@example.com and there are no partial refunds given in the middle of a paid cycle.
You acknowledge and agree that the Company may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Services, without prior notice, if you engage in any conduct that the Company believes, in its sole discretion:
- violates any term or provision of these Terms,
- violates the rights of the Company or third parties,
- or is otherwise inappropriate for continued access and use of the Services.
- In addition, the Company reserves the right to terminate inactive membership accounts.
You agree that upon termination of these Terms, either by you or the Company, the Company may delete all Content and information related to your account and may bar your access to your account and the Services including, but not limited to, access to any of your Content entered into or used in connection with the Services. Further, you agree that the Company shall not be liable to you or any third-party for any termination of these Terms or suspension or termination of your access to the Services.
You agree to defend, indemnify and hold the Company harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees and expenses) arising from:
- your violation of these Terms, state or federal laws or regulations, or any third party’s rights, including but not limited to infringement of any intellectual property rights, violation of any proprietary right and invasion of any privacy rights. This obligation shall survive the termination these Terms.
IF YOU ARE A NEW JERSEY RESIDENT, THIS INDEMNIFICATION CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY
The Services may provide links or references to other Internet sites or resources. You acknowledge and agree that the Company 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. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. You further acknowledge and agree that the Company 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. YOU AGREE THAT THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
14. The Company and Third Party Proprietary Rights
You acknowledge and agree that the Services 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 that may have been presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Unless otherwise specified in these Terms, all materials, including the arrangement of them in the Services are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
15. Disclaimer of Representations and Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND 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.
- THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES AND ANY CONTENT OR ADD-ON FEATURES:
- WILL MEET YOUR PERSONAL OR PROFESSIONAL REQUIREMENTS OR RESULT IN REVENUES OR PROFITS,
- WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
- WILL PROVIDE RESULTS THAT ARE ACCURATE OR RELIABLE, AND
- THE COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY LAWS OR REGULATIONS DESCRIBED IN THE SERVICES HAVE BEEN DESCRIBED ACCURATELY OR COMPLETELY AND THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
- ANY CONTENT OR MATERIAL TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ADD-ON FEATURES IS OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES OR ADD-ON FEATURES SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16. Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR LOSS OF CONTENT, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO ACCESS OR USE THE SERVICES AND/OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iii) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES;
- YOU ALSO AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY
- INTERRUPTION OF BUSINESS,
- ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SERVICES OR THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICES;
- NON-DELIVERY, MIS-DELIVERY, ERRORS, OMISSIONS, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF ANY CONTENT OR COMMUNICATIONS; OR
- EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL; AND
- IN NO EVENT SHALL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES. SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTYS OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SPECIFICALLY, IF YOU ARE A NEW JERSEY RESIDENT, THIS SECTION 16 IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
17. General Information
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
These Terms are governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You understand that these Terms will not be denied legal effect, validity or enforceability if electronic signatures were used in its formation. You also understand that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
We are a licensed real estate Brokerage in California with BRE # 01935930, in compliance with the Real Estate Standards and Procedures Act. We connect home buyers and sellers with our partner real estate agents across the country. When one of our partner agents closes a transaction with our home buyers or home seller customers, we collect a standard referral fee from the real estate agent.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Agentology, Inc. has adopted a policy of terminating, in appropriate circumstances and at Agentology’s sole discretion, users or account holders who are deemed to be repeat infringers. Agentology may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide our designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Agentology’s agent for notice of claims of copyright or trademark infringement can be reached as follows:
[AGENTOLOGY DMCA CONTACT INFO]
DISCLAIMER TO HOMEOWNERS AND BUYERS
BY USING THIS SERVICES, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT ENGAGING IN THE BUSINESS OF REAL ESTATE BROKERAGE OR MANAGEMENT AND IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. ALSO BY USING THIS SERVICES, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.