Terms of Service
These Terms of Service constitute the agreement ("TOS") between eagent360.com ("we", "us" or "eagent360.com") and the member ("you", "your", or "member") of eagent360.com real estate service and any related products or services ("Service"). This Agreement governs both the Service and any hardware ("Hardware" or " Equipment"), used in conjunction with the Service.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS AND SERVICES SET FORTH IN THE TERMS OF SERVICE, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER. MEMBER HEREBY ACKNOWLEDGES AND WARRANTS THAT MEMBER IS 18 YEARS OF AGE OR OLDER.
2. DESCRIPTION OF SERVICE PROVIDED.
eagent360.com offers a Service for real estate agents. Members pay a monthly or annual subscription fee to access the Service and the Member may cancel the subscription at anytime.
3. YOUR REGISTRATION OBLIGATION
In consideration of your use of the eagent360.com Service, you represent you are of legal age to form a binding contract. You also agree to:
(a) provide true, accurate, current and complete information about you and your company as requested on the eagent360.com registration form
(b) maintain and update the registration data to keep it true, accurate, current and complete
If you provide any information that is untrue, inaccurate, not current or incomplete, or eagent360.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eagent360.com has the right to suspend, terminate, or remove your account and refuse any and all future use of the eagent360.com Service.
4. MODIFICATION OF SERVICE PROVIDED.
Member acknowledges and agrees that eagent360.com may, with or without notice, modify, delete, or amend the Service provided. Further, Member acknowledges and agrees that eagent360.com may further modify, delete or amend the TOS from time to time. eagent360.com will notify Member of any modification in fees by email or in a newsletter. If Member does not accept the modification, deletion or amendment, Member must terminate Member's membership at that time. Any and all use of the Service by Member after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Service or TOS.
5. USER LICENSE AGREEMENT
Each agent subscription plan consists of one (1) agent user license. Therefore, only one (1) agent user may use an account on an agent subscription plan. The agent user must be the current and rightful listing agent for all listings entered within the account. The agent user must not enter listings listed by another agent. A broker office cannot purchase an agent plan for all agents in the office. For a broker office, each agent must have their own agent account on an agent subscription plan. Any member in violation of this User License Agreement will be notified. eAgent360 reserves the right to suspend or terminate any account without notice who are in violation of this User License Agreement.
eagent360.com has no association to any of the listings entered by the members and assumes no responsibility and liability for the listing information entered by the members. eAgent360 may offer subscription that includes Unlimited Listings. A listing you enter into the eagent360.com system must be your listing in which you have an agreement or contract to provide marketing services for the listing. eagent360.com has the right to remove any listing within your account that you are not authorized or have permission to provide marketing services for that listing.
7. SERVICE TERM.
Service is offered on a monthly or annual basis for a term that begins on the date that eagent360.com activates your Service and ends on the day before the same date of the following month or year. You are purchasing the Service for full monthly or annual terms, meaning that if you attempt to terminate Service prior to the end of the monthly or annual term, you will be responsible for the full month's or year's subscription charges to the end of the then-current term.
8. PAYMENT TERMS.
Member agrees to pay all charges to Member's account, including any applicable taxes, at the rates in effect when the charges are incurred. All installation or setup fees and non-recurring charges, along with the first month's recurring charge, shall be due and payable immediately of initiation of Service. Thereafter, recurring monthly subscription fee will be charged to Your credit card. If Your credit card is invalid or You are past-due in your payments for any reason, the Service may be terminated and Your account deleted with or without notice, and all the information contained within deleted permanently. eagent360.com accepts no liability for information or content that is deleted due to an invalid credit card or where Your payments are past-due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional set up fees. In the event You fail to pay charges, eagent360.com may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse eagent360.com for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or eagent360.com on the charges and all late payment, interest or other fees as stated on Your bill. eagent360.com may modify its billing practices or late payment charges by providing You with prior written notice of the modification. eagent360.com in its discretion may offer discounts or special offers from time to time.
eagent360.com may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance, when the change affects the Member.
9. FREE ACCOUNTS
eagent360.com offers a free account with restrictions such as features, number of listings, number of photos, etc. If a member exceeds any of these restrictions, eagent360.com may delete the exceeding amount of data. If a member on a free account is deemed an inactive member, eagent360.com may suspend, terminate, and remove the member's account.
You may cancel your membership at any time through the user control panel. Once a request to cancel subscription is made, your account will remain active until the beginning of your next billing cycle, in which at this time, your account will automatically cancel. Once your account has been cancelled, all services including online accounts, websites, and electronic marketing will be inaccessible. Any listings you have entered into your account may be permanently removed from our system and cannot be recovered even if you decide to subscribe again at a later time.
11. REFUND POLICY
You are given a 15 day free trial to fully test out our services. Your free trial does not require any payment information to be entered by you. During this free trial period, you are given a full-featured account so you may test all the features and functionality of our service. If you would like to purchase a subscription after testing our services, you will then select a plan and enter your payment information. Once a subscription is purchased, no refunds will be issued for any reason including any setup and/or subscription fees. Cancellation of your subscription can be made anytime through the user control panel.
12. MEMBER ACCOUNT, PASSWORD AND SECURITY .
You will receive a password and account designation upon completing the Member registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eagent360.com 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. eagent360.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) TO THE FULLEST EXTENT ALLOWED BY LAW, eagent360.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. eagent360.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
(c) eagent360.COM IS NOT RESPONSIBLE FOR THE CONTENTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED. eagent360.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF SERVICE NOR DOES eagent360.COM WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY CONTENT. eagent360.COM IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY CONTENT CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY MEMBER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY CONTENT CREATED OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
(d) eagent360.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES eagent360.COM MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(e) MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(f) eagent360.COM MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.
(g) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER eagent360.COM NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF MEMBER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
16. OTHER PROHIBITED USES.
Member agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member shall not send any transmission that attempts to hide Member's identity or represents Member as someone else. Any attempt by Member to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Member specifically agrees not to use the Service or the Site to send any materials to any persons under 18 years of age unless and until the member has taken and follows all necessary action and compliance pursuant to provincial/state and federal laws. Member agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site. Member agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for eagent360.com, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the TOS, Member's account will be terminated and use of the Service and Site prohibited. eagent360.com will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.
17a. PROPRIETARY RIGHTS.
eagent360.com owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, templates, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by eagent360.com. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is permitted the limited license to use the content of the Service and the Site as authorized herein and Member must at all times maintain eagent360.com's copyright symbol on the product in any form or medium. Member owns its data entered ("Member's Content"), and Member assumes the entire risk of disclosing Member's Content to third parties. Modification or use of eagent360.com's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.
17b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
Member agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so.
17c. DATABASE AND STORAGE.
Data is maintained as long as the membership is active and in good standing. After the membership has ended, all data and content associated to the member's account will not be accessible. If you subscribe to eagent360.com membership, there are no storage limitations while you are a subscriber. eagent360.com may from time to time publish notices regarding the maximum allowable memory space or number of property listings that may be created, saved, sent or used through the Site.
18. ANTI-SPAM POLICY.
eagent360.com prohibits the use of the eagent360.com Service in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("Spam"). You may not use any eagent360.com Services to send Spam.
If eagent360.com believes that unauthorized or improper use is being made of any eagent360.com Service, it may, without notice, terminate any account which it determines is transmitting or is otherwise connected with any email that violated this policy. You will not use the eagent360.com Service to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
eagent360.com reserve the right, in our sole discretion, and without liability, to terminate Your Service, with or without notice, for any reason or no reason, including the use of false or invalid company and personal information. The TOS may be terminated by either party hereto at any time. eagent360.com shall not be liable to Member or any third party in any manner for termination of the Service. In the event Member should become dissatisfied with the TOS or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the Service, terminate the membership and give notice of these actions. Upon termination, Member's right to use the Service and the Site cease immediately and eagent360.com shall have no obligation whatsoever to forward any Member's Content or refunds of subscription fees to the Member.
Member agrees to defend, indemnify and hold harmless eagent360.com, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member's use of the Service and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.
21. NATURE OF AGREEMENT.
Member agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the TOS. Further, the TOS is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the Terms of Agreement.
22. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.