Terms of Service
Last modified: January 1, 2013
AP Realty Services, Inc. ("AgentPair") welcomes you. AgentPair provides the AgentPair Services (as defined below) to you subject to the following Terms of Services ("TOS"). By accessing and using the AgentPair Services, you accept and agree to be bound by the terms and provision of the TOS. The TOS is a legal agreement between you and AgentPair and applies to you whether you are user of the Site and AgentPair Services (defined below), a customer of AgentPair Paid Services (defined below) or a visitor just browsing the Site (collectively, "Users"). The TOS limits AgentPair's liability and obligations to you, grant us certain rights in your Content (defined below) and allows us to change, suspend or terminate your access to and use of the Site and AgentPair Services. The TOS and the other policies posted on the Site or made available via the AgentPair Services govern your access to and use of the Site and AgentPair Services, including any content, information, products or services therein.
DESCRIPTION OF AgentPair SERVICES
AgentPair provides Users with an online real estate platform accessed through its website at www.AgentPair.com ("the Site"), through Facebook at http://apps.facebook.com/agentpair and various medium or devices now known or hereafter developed (collectively, the "AgentPair Services").
REGISTRATION AND ELIGIBILITY
In order to access certain features of the Site and AgentPair Services, you will have to create a AgentPair account and become a "User." You must be 13 years of age or older to become a User. If you are between the age of 13 and 17, we encourage you to get permission from your parent or guardian to use AgentPair. When you sign up with AgentPair and set up your AgentPair account, you agree that all information provided to AgentPair upon sign up and at all other times will be true, accurate, current and complete.
When you sign up to become a User, you may be asked to install the AgentPair application through Facebook. You are entirely responsible for maintaining the confidentiality of your Facebook account and password. You agree to not use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify AgentPair immediately if you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
If you become a User you consent to the use of: (a) electronic means to complete these TOS and to provide you with any notices given pursuant to these TOS; and (b) electronic records to store information related to these TOS or your use of the Site and AgentPair Services.
General. AgentPair makes certain content available through the Site. "AgentPair Materials" mean all materials originated by AgentPair and otherwise made available through the Site and AgentPair Services, including, without limitation, the AgentPair logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof. AgentPair and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, AgentPair Materials, and the trademarks, service marks and logos contained therein other than your Content. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, AgentPair Materials, Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, AgentPair Materials, Content (other than your Content).
AgentPair Trademarks. The AgentPair name and logo are trademarks of AgentPair, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AgentPair. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of AgentPair, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AgentPair.
You understand that all information, listings, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, excluding AgentPair Materials, are the sole responsibility of the person from which such Content originated. If you are submitting Content on behalf of one or more entities or persons ("third parties") then you confirm and warrant that you are authorized to act on behalf and bind such entity(s) or person to the TOS. You understand that by using AgentPair Services, you may be exposed to Content that is offensive, indecent or objectionable.
You, or a third party licensor, as appropriate, retain any intellectual property rights in the Content you submit. By submitting Content on or through the Services, you grant AgentPair, under those intellectual property rights, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to distribute, reproduce, modify, perform and display and otherwise use the Content in AgentPair Services. By submitting Content, you authorize AgentPair to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with the AgentPair Services.
You agree that you are responsible for your own conduct and Content while using AgentPair Services and for any consequences thereof. You agree to use AgentPair Services only for purposes that are legal, proper and in accordance with the TOS and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using AgentPair Services, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content;
- upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, the TOS or any applicable policies or guidelines.
- download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying AgentPair Services;
- use AgentPair Services for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on AgentPair Services;
- interfere with or disrupt AgentPair Services or servers or networks connected to AgentPair Services, or disobey any requirements, procedures, policies or regulations of networks connected to AgentPair Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of AgentPair Services or collect information about users for any unauthorized purpose;
- submit Content that falsely expresses or implies that such Content is sponsored or endorsed by AgentPair;
- create user accounts by automated means or under false or fraudulent pretenses;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
While AgentPair prohibits such conduct and Content in connection with AgentPair Services, you understand and agree that AgentPair may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to AgentPair Services.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
TERMINATION OR SUSPENSION OF THE SITE OR AgentPair SERVICES & MODIFICATION OF THE TOS.
By User: You may terminate your AgentPair account at any time for any reason by uninstalling the application on Facebook, if applicable, or by sending us an e-mail: info [at] agentpair dot com. After receipt of your termination notice, AgentPair will terminate your account.
By AgentPair: AgentPair reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and AgentPair Services, or modify these TOS without advance notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and AgentPair Services, and if applicable, cancel your AgentPair account. By continuing to access or use the Site and AgentPair Services after AgentPair makes any such revision, you agree to be bound by the revised TOS.
Without limiting other remedies, AgentPair may immediately terminate or suspend your access to the Site and AgentPair Services and remove any material (including Content) from the Site or our servers, in the event that you breach these TOS. Notwithstanding the foregoing, we also reserve the right to terminate the Site, AgentPair Services or your access thereto at any time and for any reason.
After any termination by you or AgentPair: You understand and acknowledge that we will have no further obligation to provide the AgentPair Services. Upon termination, all licenses and other rights granted to you by these TOS will immediately cease. AgentPair is not liable to you or any third party for termination of the AgentPair Services or termination of your use of the AgentPair Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, AgentPair will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to AgentPair under these TOS (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
You agree to defend, indemnify, and hold AgentPair, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, AgentPair Services, AgentPair Materials and Content; (ii) your violation of the TOS; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE AgentPair SERVICE, SITE, MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE AgentPair SERVICE, SITE, AgentPair MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AgentPair EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE AgentPair SERVICE, SITE, AgentPair MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
AgentPair MAKES NO WARRANTY THAT (i) THE SITE OR AgentPair SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND AgentPair SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AgentPair SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND AgentPair SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR AgentPair SERVICES WILL BE CORRECTED.
ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE AgentPair SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AgentPair OR THROUGH OR FROM THE SITE OR AgentPair SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AgentPair SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AgentPair HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE AgentPair 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. IN NO EVENT WILL AgentPair'S CUMULATIVE LIABILITY TO YOU EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR US $100, WHICHEVER AMOUNT IS GREATER.
The TOS constitutes the entire agreement between you and AgentPair and governs your use of the Services, superseding any prior agreements between you and AgentPair. You also may be subject to additional terms and conditions that may apply when you use affiliate or other AgentPair Services, third-party Content or third-party software. You will not assign the TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of AgentPair. Any purported assignment or delegation by you without the appropriate prior written consent of AgentPair will be null and void. AgentPair may assign the TOS or any rights hereunder without your consent. The TOS and the relationship between you and AgentPair shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and AgentPair agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of AgentPair 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 Services 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.
VIOLATIONS AND COMMENTS
Please report any violations of the TOS or make any comments by emailing us at: info [at] agentpair dot com. You agree, however, that: (i) by submitting unsolicited ideas to AgentPair or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to AgentPair or any of its employees or representatives automatically become the property of AgentPair. You hereby assign and agree to assign all rights, title and interest you have in such comments and ideas to AgentPair together with all intellectual property rights therein.