Clientopoly Terms of Service and Use
PLEASE READ THIS AGREEMENT CAREFULLY
By accessing Clientopoly.com and the CenterStage for Real Estate Agents application, you ('User') are agreeing to be bound by these Terms of Service and Use, all applicable laws and regulations, MLS rules, and the Realtor Code of Ethics. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing Clientopoly.com and CenterStage for Real Estate Agents.
Revisions and Errors
All materials supplied by or reproduced by Clientopoly ('Provider') or appearing on www.clientopoly.com ('Website') and CenterStage for Real Estate Agents (Application) could include typographical, techinical, or photographic errors. Provider makes no warranty that any materials on its Website (clientopoly.com) or CenterStage for Real Estate Agents Application ('Application') are current, accurate, or complete. User accepts all responsibility for user-entered data fields and agrees to keep all information current, accurate, and complete.
Links
Provider has not reviewed all of the sites linked to its Website or Application, and is not responsible for the contents of any such linked sites. User-defined links may link directly to any real estate listings site provided the site contains the property listing from which the link was generated. User may also provide direct links to his/her real estate broker's website, the User's personal blog, and to relevant photo tour pages. Use of any linked website is at the user's own risk.
Governing Law
Any claim relating to Provider's Website or Application shall be governed by the State of Utah without regard to conflict of law provisions.
Disclaimer
The materials on the Website and Application are provided "as is," "with all faults," and "as available." Provider makes no warranties, expressed or implied, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Provider makes no representations concerning the reliability, likely results, or accuracy of the use of its materials on its internet web site, nor items relating to such materials linked to its Website. There are no warranties which extend beyond the face of this agreement.
Limitations and Indemnification
In no event shall the Provider be liable for damages arising our of the use or inability to use the materials on the Website or Application, including without limitation, damages for loss of data or profit, or due to business interruption, even if Provider or Provider's authorized representative has been notified either orally or in writing of the possibility of such damage. User agrees that is shall indemnify, defend, save, and hold harmless Provider from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against Provider. The User's sole and exclusive remedy shall be to discontinue using the Website and the Application.
Intellectual Rights
All information and photographs displayed, including those on linked websites, must not contain any violations or infringement of others' intellectual, trademark, industrial design, copyright, or trade secret property rights. Additionally, User shall not post photos, logos, or trademarks which infringe on any of the aforementioned intellectual rights of others.
Third Party Terms of Service
User shall adhere to the Terms of Service of each third party internet, website, database, and social media service with which Provider integrates using API integration. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. User submits or makes available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content, in whole or in part, and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of clientopoly.com and CenterStage for Real Estate Agents are those areas of the Clientopoly network of domains and sub-domains that are intended by Provider to be available to the general public.
User grants Provider permission to send User email regarding the service, product enhancements, weekly coaching, billing information, promotions, advertisements, newsletters, and general notifications.
Provider does not authorize the harvesting, mining or collection of email addresses or other information from or through its Application or Website. Provider does not permit or authorize others to use the Provider to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber email addresses, which are Clientopoly's confidential and proprietary information. Provider does not permit or authorize any attempt to use the Provider Services in a manner that could damage, disable, overburden or impair any aspect of any of the Provider Services, or that could interfere with any other party's use and enjoyment of any Provider Service.
Site and Application Terms and Conditions of Use Modifications
Provider may revise these terms of use for its Website and Application at any time without notice. By using the Website and Application you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Provider shall post all additions, modifications, and revisions to its Website.
Price Changes and Recurring Subscriptions
Subscription pricing may not change without prior notice to User. All subscriptions are automatically renewing. From time to time, Provider may offer special promotions and discounts which shall not be retroactive and cannot be applied to existing subscriptions.
Trial Period
Users' free accounts will automatically terminate after 30 days, known as the Trial Period. Users may cancel at anytime during the Trial Period. In the event the User's account is charged after written cancellation has been received, the subscription shall be refunded within 30 days. Upon termination the User shall no longer have access to add, edit, or delete the information in the database. Users are limited to one trial period per Application per lifetime.
Cancellation
Recurring subscriptions may be cancelled in writing by the subscriber at any time. There shall be no refunds for cancelled subscriptions. The subcription will continue until the end of the billing period, at which time the account shall be cancelled with no recurring charges. Provider may, in its sole discretion, cancel User's subscription at any time. Users who violate the Terms of Service shall not be entitled to a refund of any kind.
Pornography and Obscenity
User may not post pornographic or obscene materials to Provider's Website, databases, or Application.
Dispute Resolution
Provider and User agree to mediate any dispute through mediation in Salt Lake City, Utah. Provider shall select a mediator from the Association of Mediators and Arbitrators.
Backups and Data Loss
User's use of the service by Provider is at User's sole risk. Provider is not responisbile for files and/or data residing on your account. User agrees to take full responsibility for files and data transferred and to maintain appropriate backup of files and data submitted to Provider.
Payment Information
User agrees to supply appropriate payment for the services received from Provider, in advance of the time period during which such services are provided. User agrees that until and unless User notifies Provider in writing via the Website "Contact Us" page email form, those services shall be billed on a recurring basis. For User's protection, accounts may not be cancelled without the appropriate account identification information.
Code of Conduct
User agrees to the following Code of Conduct. User shall not engage in harassment or offensive behavior, including but not limited to libelous, slanderous, abusive, invasive, vulgar, or defamatory statements. User shall not infringe on the privacy rights or any other rights of any person. User shall not use the service to advertise or promote events, products, services, or businesses, except to display real estate listings that are available, under contract, or sold, or to display the User's brokerage and contact information, and to display links to User's real estate blogs or websites. User will not use the service to upload or propagate and virus, trojan horse, worm, other malicious code, or do anything that might cause harm to the service or its Users in any way. User agrees not to attempt to gain access to secured portions of the site to which User does not possess access rights. User may not conduct or promote any illegal activities using the service. User agrees not to use the service to impersonate any person or entity, transmit or upload unsolicited or unauthorized advertising, upload or transmit junk mail, spam, chain letters or pyramid schemes, or to stalk or otherwise harass another user.
Equal Housing
User agrees to adhere to all Fair Housing Laws. Provider does not review information provided by User. User shall accept any and all responsibility for, and shall not make any discriminating statements related to: race, color, religion, sex, familial status, handicap/disability, or source of income. For more information, please visit the Equal Housing website at: http://www.hud.gov/offices/fheo/
Disruption of Services
From time to time there may be temporary disruption of services due to, but not limited to, internet connectivity outages, server upgrades and maintenance, database improvements, and third party disruptions and API changes. Temporary disruption of services are to be expected from time to time. No refunds or credits shall be granted for temporary disruption of services. Disruption of service shall also occur upon expiration of User subscription. Any disruption of service may not come with prior notice from Provider.
Right to Use
Your right to use the services of this Provider is subject to any limitation, conditions, and restrictions established by Provider form time to time, in Provider's sole discretion. Provider may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any feature, database, or content. Provider may also impose limits on certain features and aspects of the service or restrict your access to parts or all of the service at any time.
Disclosure to Law Enforcement
Provider may disclose any subscriber information to law enforcement agencies without further notification or consent to the subscriber upon lawful request from such agencies. Provider shall cooperate fully with law enforcement agencies.
Termination
User may terminate subscription at any time. In the event the Provider terminates the service for any reason, the automatically renewing subscription shall be cancelled. Your account may be disabled if any of these terms are violated. Under no circumstances will compensation be awarded for any time an account has been temporarily disabled or permanently terminated due to violation of our Terms of Service.
Custom Modifications
User agrees that no custom modifications can be made to the Website or Application.
Photograph and Image Manipulation
User grants Provider the right to modify image size, dimension, format, renaming and compression as necessary for storage and display purposes.
Privacy
Your privacy is important to Provider. This information that is collected on our site such as e-mail addresses, names and phone numbers will only be used by Provider and its associates to help our clients and will not be sold to outside organizations. By entering this information you are giving the Provider's subscribers, your social media associations, and anyone having access to publicly viewable information the right to contact you via the methods you submit. For a detailed description of our policy please review our Privacy Policy at www.clientopoly.com.
Thank You
Clientopoly strives to create the most user-friendly and advanced social media tools for real estate agents. We deeply appreciate your patronage and your support. We welcome feedback and suggestions, and are always seeking new opportunities to improve our products. Suggestions and feedback may be made by emailing us from the Contact Us page at www.clientopoly.com.
Clientopoly © 2009 • Privacy Policy
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