Terms of Service
Agent Centrum, Inc., its subsidiaries and affiliated companies (collectively referred to herein as "Agent Centrum" or the "Company") provides products, applications, services, and websites (collectively, the "Services") to you pursuant to the Terms of Service set forth herein, including any policies, guidelines or amendments thereto that may be presented to you from time to time (the "Terms"). By using the Services you agree to these Terms. The most current version of these terms is available at http://www.agentcentrum.com/terms-of-service.
1. USE OF SERVICES
Agent Centrum offers the Services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Services. You are responsible for maintaining the confidentiality of your account login information, and are responsible for all activities that occur under your account. You agree to immediately notify Agent Centrum of any unauthorized use of your account or any other breach of security. Agent Centrum cannot and will not be liable for any loss or damage arising from your failure to provide Agent Centrum with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, email, listings, software applications, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Agent Centrum reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Services. You understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Services and for any consequences thereof. You agree to use Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Services or servers or networks connected to Services.
In addition to these Terms, your use of some specific Services is governed by the policies or guidelines specific to those services and which are specifically incorporated into these Terms.
By using the Services, you acknowledge and agree that Agent Centrum may access, preserve and disclose your account information and any Content associated with your account, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Agent Centrum, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
4. PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by Agent Centrum or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Services or Software, in whole or in part, except as specifically authorized in a separate written agreement.
Subject to these Terms, Agent Centrum grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Agent Centrum in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Services. You agree not to access Services by any means other than through the interface that is provided by Agent Centrum for use in accessing Services except as specifically authorized in a separate written agreement. Except as expressly authorized by Agent Centrum you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Agent Centrum's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or Software.
Agent Centrum claims no ownership or control over any Content submitted, posted or displayed by you on or through the Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through the Services which are intended to be available to the members of the public, you grant Agent Centrum a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Services for the purpose of displaying, distributing and promoting Services. Agent Centrum reserves the right to syndicate Content submitted, posted or displayed by you on or through Services and use that Content in connection with any service offered by Agent Centrum. Agent Centrum furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
5. GRANT OF LICENSE
This License Agreement (License) permits you to use a single login, on a single domain name (URL). The Services are licensed as a single product, to an individual user, except where multiple user licenses are purchased from Agent Centrum. These Terms require that each user of the Services be licensed, either individually, or as part of a group under a Multi-User License. A Multi-User License provides for a specified number of users to use the Services at any time. This does not provide for concurrent use across multiple domain names (URL’s) unless specifically agreed upon and ordered as such at an additional cost. Each user of the Services must be covered either individually, or as part of a group Multi-User License. The Services are in use on a computer when accessed via web browser, a user logs in, or the Services are hyperlinked from any source. The Services may only be contained (whether built in or framed) within one primary domain name (URL), unless specifically agreed in writing by Agent Centrum.
Except as expressly set forth herein, no rights are granted to do any of the following, and you shall not, and shall not cause or allow anyone else to, do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (b) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, (c) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying or use. Additionally, you agree to never use crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the listing content on your own or any other Agent Centrum client account. You acknowledge that the Company may block access to its servers and/or membership and, when discovered, your account will be immediately terminated without prior notice.
6. THIRD PARTY INTEGRATION AND API
Agent Centrum provides certain services that are provided in part by third party Multiple Listing Services data (the “MLS Data”). Your use of such services is subject to the terms and conditions set forth by each individual MLS Data supplier. In most cases, you must be an active member of the related MLS in order to use the MLS Data needed to support your Services. You are solely responsible for any fees charged by your MLS Data supplier. Agent Centrum and/or the MLS Data supplier will provide you with all necessary documentation, contracts and fee requirements to participate in the MLS Data services. Agent Centrum is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS Data services provided by third party MLS Data suppliers. Use of MLS Data services is strictly at your own risk and there is no guarantee or implied warranties provided by Agent Centrum related to the MLS Data.
As part of the software, Agent Centrum provides certain services from third-party vendors. You agree to use such services subject to the terms and conditions set forth by each individual vendor.
7. EMAIL SERVICES
You hereby agree as follows: (i) you shall not use the Services for “spamming,” as determined by Agent Centrum in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify Agent Centrum immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iii) you shall not use the Services for any unlawful purpose; (iv) you shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Agent Centrum, exposes Agent Centrum or any of its customers or suppliers to any liability or detriment of any type; and (vi) you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto. You can find the most current version of the Agent Centrum’s Acceptable Use Policy at http://agentcentrum.com/aup.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Agent Centrum has no responsibility or liability for the deletion or failure by you or anybody else to store any Content and other communications maintained or transmitted as part of the Services. You acknowledge that although Agent Centrum may not have historically set a fixed upper limit on the number of transmissions you may send or receive through the Services or the amount of storage space used; the Company retains the right, in its sole discretion, to create limits at any time with or without notice.
9. MODIFICATIONS TO SERVICE
Agent Centrum reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Agent Centrum shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
10. CUSTOMER SUPPORT
Customer support for the Services is provided by telephone and email, Monday through Friday, between 8AM and 6PM pacific time. Technical support requests relating to errors in, or the improper functioning of, the Services is provided at no cost by Agent Centrum. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the requested services, based on Agent Centrum’s current pricing at the time of such request.
11. BILLING POLICIES
Payment for Services is due upon approval of the MLS Data display by your MLS Data supplier and activation of your Services credentials. Credit cards are billed on or around the same day of the month or the year in which your account credentials were originally established. If your account was activated on the 25th of the month, your credit card will be billed on or around the 25th of following months. Services and charges continue month-to-month or year-to-year, unless otherwise stated in writing by the Company. Once payment is collected, refunds are not available.
In the event that you choose to cancel your Services, you agree to provide notice 10 days prior to your applicable billing date (the “Notice of Cancellation”). All payments charged are for entire monthly or annual billing cycles, whether you log in or not. No pro-rated refunds for accounts terminated before the end of the billing cycle will be issued. Service cancellations must be received via email, fax or US postal mail. Contact information can be found on our contact page at http://www.agentcentrum.com/contact-us. If Notice of Cancellation is tendered by email, you agree to send such email to service @ agentsentrum.com with “Services Notice of Cancellation” in the subject line.
Cancelled accounts will automatically be terminated at the end of the applicable billing cycle, as long the request is received prior to the billing date, as provided above. Your account will remain active until terminated by the billing department. There is no cancellation fee and there will be no refund for any unused service until the end of the billing cycle. Non-usage of your account is not proof of cancellation of Services. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the prescribed Notice of Cancellation is received by Agent Centrum’s billing department.
You may discontinue your use of Services at any time with Notice of Cancellation. You agree that Agent Centrum may at any time and for any reason, including a period of account inactivity, terminate your access to Services, terminate these Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to the Services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive termination of the Services.
You agree to hold harmless and indemnify Agent Centrum, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively " Agent Centrum and Partners") from and against any third party claim arising from or in any way related to your use of the Services, violation of these Terms or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Agent Centrum will provide you with written notice of such claim, suit or action.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDX AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. AGENT CENTRUM AND PARTNERS DO NOT WARRANT THAT (i) SERVICES WILL MEET YOUR REQUIREMENTS, (ii) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGENT CENTRUM OR THROUGH OR FROM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGENT CENTRUM AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AGENT CENTRUM OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SERVICES; OR (v) ANY OTHER MATTER RELATING TO SERVICES.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Agent Centrum may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Services.
18. GENERAL INFORMATION
These Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Agent Centrum and govern your use of the Services, superseding any prior agreements between you and Agent Centrum for the use of Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services, partner services, third-party content or third-party software.
The Terms and the relationship between you and Agent Centrum shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and Agent Centrum agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County, Nevada.
The failure of Agent Centrum to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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, and other provisions of these Terms remain in full force and effect.
This Site and its content are made available only to provide information about Agent Centrum, its products, and its services. This Site is maintained in Nevada, USA.
Agent Centrum Inc.
2831 St Rose Pkwy. Suite 259
Henderson, NV 89052