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The following Terms of Service are effective for all users of MyAgentPlus.com
as of October 1, 2002. THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH MyAgentPlus.com
OFFERS ACCESS TO OUR SERVICES.
This Agreement describes the terms and conditions applicable to your use of our
services available under the domain and sub-domains of MyAgentPlus.com.
If you do not agree to be bound by the terms and conditions of this Agreement,
you cannot use or access our services.
You must read, agree with, and accept all of the terms and conditions contained
in these Terms of Service and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference, before
you may become a registered user of MyAgentPlus.com. We strongly
recommend that, as you read this User Agreement, you also access and read the
information contained in the other pages and websites referred to in this
document, as they may contain further terms and conditions that apply to you.
We may amend this Agreement at any time by posting the amended terms on our
site. Except as stated below, all amended terms shall automatically be effective
30 days after they are initially posted on our site. This Agreement may not be
otherwise amended except in a writing signed by you and MyAgentPlus.com.
This Agreement is effective on October 1, 2002 for new registering
users.
- Membership Eligibility. Our services are available only to
individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to minors. If
you are a minor, you can use this service only in conjunction with your
parents or guardians. If you do not qualify, please do not use our services.
If you are registering as a business entity, you represent that you have the
authority to bind the entity to this Agreement.
- Fees and Services. Participating on MyAgentPlus.com
is free. Joining as "seller" is not and is dependent upon the type of package
you purchase. Registering as a seller provides additional services and products,
which may vary from time to time and be changed at the sole discretion of
MyAgentPlus.com, without the need to alter this agreement.
- MyAgentPlus.com is a Venue.
- Although we do sell properties that we own, we also provide a venue
for property owners and real estate agents to advertise their properties
for sale. We are not real estate agents. Instead, our site acts as a
venue to allow anyone to offer, sell, and buy all types of real estate.
Other than the sale of our company-owned properties, we are not involved
in the actual transaction between buyers and sellers. As a result, we
have no control over the quality, safety or legality of the items
advertised, the truth or accuracy of the listings, the ability of
sellers to sell items or the ability of buyers to buy items. We cannot
ensure that a buyer or seller will actually complete a transaction.
- Release. Because we are a venue, in the event that you have a
dispute with one or more users, you release MyAgentPlus.com,
(and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
- Information Control. We do not control the information provided
by other users that is made available through our site. You may find
other user's information to be inaccurate, or deceptive. Please use
caution, common sense, and practice safe trading when using our site.
Please note that there are also risks of dealing with underage persons
or people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals.
- Listing and Selling.
- Listing Description. You must be legally able to sell the
item(s) you list for sale on our site. You must describe your item and
all terms of sale on the listing page of our site. Your listings may
only include text descriptions, graphics, pictures and other content
relevant to the sale of that item. All listed items must be listed in an
appropriate category.
- Fraud. Without limiting any other remedies, MyAgentPlus.com
may suspend or terminate your account if we suspect that you (by
conviction, settlement, investigation, or otherwise) have engaged in
fraudulent activity in connection with our site.
- Access and Interference. Our web site contains robot exclusion
headers and you agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission. You
agree that you will not use any device, software or routine to bypass our
robot exclusion headers, or to interfere or attempt to interfere with the
proper working of the MyAgentPlus.com site or any activities
conducted on our site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a real
time basis and is proprietary or is licensed to RealEstateSupermaket by our
users or third parties. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content (except for
Your Information) from our website without our prior expressed written
permission.
- Breach. Without limiting other remedies, we may immediately remove
your listings, warn our users of your actions, issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse to
provide our services to you if:
- you breach this Agreement or the documents it incorporates by
reference;
- we are unable to verify or authenticate any information you provide to
us; or
- we believe that your actions may cause financial loss or legal
liability for you, our users or us.
- Privacy. We do not sell or rent your personal information to third
parties for marketing purposes without your consent and we only use your
information as described in the Privacy Policy.
- No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS
PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal
rights and you may also have other legal rights that vary from state to
state.
- Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES
OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR
SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some
States do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
- Indemnity. You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
breach of this Agreement or the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
- Legal Compliance. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use
of our service.
- No Agency. You and MyAgentPlus.com are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
- Notices. Except as explicitly stated otherwise, any notices shall
be given by postal mail to our mailing address.
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the
email address is invalid. Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested, to the address provided
to MyAgentPlus.com during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
- General. This Agreement shall be governed in all respects by the
laws of the state of Pennsylvania as such laws are applied to agreements
entered into and to be performed entirely within Pennsylvania between Pennsylvania
residents. We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that this Agreement and
all incorporated agreements may be automatically assigned by
MyAgentPlus.com, in our sole discretion, to a third party in the event
of a merger or acquisition. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such
section. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
Copyright 2008 MyAgentPlus.com. All Rights Reserved. Designated trademarks and brands are the property of their respective
owners.
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