Terms Of Use

Posted on by satwell

TERMS OF USE

These Terms of Use (“Terms of Use”) govern your access to and use of this Web site (the “Site”). We, Social Agent Marketing, Inc. (“Social Agent Marketing,” “we” or “us”) host multiple Web sites (together with this Site, the “Sites) on behalf of realtors (“Realtors”) including the Realtor associated with this Site (“Your Realtor”).

BY VIEWING OR USING ALL OR ANY PART OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITES.

  1. Conduct

You may not use any Site to:

  • violate any law or regulation;
  • provide any false or misleading information on or through the Site;
  • impersonate any person or entity, or misrepresent affiliation with a person or entity;
  • violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
  • stalk, harass, or harm any Realtor or any another individual or business;
  • promote, post or transmit anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send or make unsolicited or unauthorized advertising or commercial communications, such as spam and telemarketing;
  • transmit any malicious or unsolicited software;
  • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any means to “harvest,” “scrape,” “crawl,” “reverse engineer” or “spider” any Web pages or content contained in the Site (although we may allow operators of public search engines to use spiders to index some materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
  • use automated methods to use the Site in a manner that sends more requests to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
  • interfere with or disrupt the Site.
  1. Ownership; Restrictions

We and/or Your Realtor license or own the content on the Site, including all software, text, and visual and audio content (collectively, “Our Content”) and the trademarks, logos, and brand elements that appear on the Site (“Our Marks”). Our Content and Our Marks are protected under U.S. and international laws. You will not (and will 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, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in Our Content. You agree not to modify Our Content in any manner or form, or to use modified versions of Our Content, including, without limitation, for the purpose of obtaining unauthorized access to the Site.

  1. Feedback

We welcome and appreciate feedback and suggestions. You understand that we cannot necessarily respond to or implement all feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

  1. Copyright and Intellectual Property

We respect the intellectual property rights of others. Upon proper notice, we will remove content from Sites that violates copyright or other intellectual property rights. We will also terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send our Agent for Notice a notification with all of the following information:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

Please send all of the above information to the our Agent for Notice by e-mail at satwell@socialagentmarketing.com or by mail at Agent for Notice c/o Social Agent Marketing, Inc., 1109 Garrett Way Mount Juliet TN 37112. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.

  1. Privacy

Social Agent Marketing respects the privacy of Site Visitors. Our Privacy Policy explains how we collect, use, and disclose information about Site Visitors and is incorporated by this reference in these Terms of Use.

  1. Links

Sites may contain links to other Web sites. A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

  1. Changes to Sites

Your Realtor generally controls any changes to the Site. Realtors may change or discontinue their Sites at any time, with or without notice.

  1. TerminationYou may stop using the Site at any time. Social Agent Marketing may suspend or terminate the Site at any time at Social Agent Marketing discretion and without notice. Social Agent Marketing may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, Social Agent Marketing may terminate your access to this Site if you are not complying with these Terms or if Social Agent Marketing determines that you are a repeat infringer of third-party intellectual property rights.

    Digital Millennium Copyright Act (“DMCA”)

    Social Agent Marketing respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Social Agent Marketing will respond expeditiously to claims of copyright infringement on the Site if submitted to Social Agent Marketing’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Social Agent Marketing will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

    If you believe that your intellectual property rights have been violated by Social Agent Marketing or by a third party who has uploaded materials to the Site, please provide the following information to Social Agent Marketing’s designated Copyright Agent listed below:

    a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

    b. A description of where the material that you claim is infringing is located on the Site;

    c. An address, telephone number, and e-mail address where Social Agent Marketing can contact you and, if different, an e-mail address where the alleged infringing party, if not Social Agent Marketing, can contact you;

    d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

    e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

    f. Your electronic or physical signature.

    Social Agent Marketing may request additional information before removing any allegedly infringing material. In the event Social Agent Marketing removes the allegedly infringing materials, Social Agent Marketing will immediately notify the person responsible for posting such materials that Social Agent Marketing removed or disabled access to the materials. Social Agent Marketing may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

    Social Agent Marketing reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Social Agent Marketing’s Copyright Agent. Please include sufficient information to assist Social Agent Marketing in determining that the user repeatedly engaged in infringing activity.

    Social Agent Marketing registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Social Agent Marketing’s designated Copyright Agent is:

    Stephen Shane Atwell
    Social Agent Marketing
    1109 Garrett Way
    Mount Juliet TN 37122
    United States
    615.243.2891
    satwell@socialagentmarketing.com

  1. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Social Agent Marketing AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

IN PARTICULAR, SOCIAL AGENT MARKETING AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO SITE VISITORS BY OR ON BEHALF OF THE SITE CUSTOMER OR Social Agent Marketing OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEB SITES OR RESOURCES LINKED TO THE SITE. SOCIAL AGENT MARKETING AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE; OR (G) MATTERS BEYOND ITS OR THEIR REASONABLE CONTROL.

SOCIAL AGENT MARKETING AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A REALTOR OR ANY THIRD PARTY ON OR THROUGH THE SITE OR ANY LINKED WEB SITE OR ANY TRANSACTIONS TAKING PLACE ON SUCH SITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIAL AGENT MARKETING OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOCIAL AGENT MARKETING NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Social Agent Marketing may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Social Agent Marketing’s liability will be the minimum permitted under such law.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Social Agent Marketing and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information you or anyone using your account submits, posts, or transmits on or through the Site; (b) use of the Site by you or anyone using your account; (c) violation of these Terms of Use by the you or anyone using your account; and (d) violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Social Agent Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. Other Provisions

Under no circumstances will Social Agent Marketing be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. These Terms of Use will be governed by and construed in accordance with the laws of the State of TENNESSEE, without giving effect to any conflict of laws rules or provisions. Each Site Visitor agrees that any action of whatever nature arising from or relating to these Terms of Use or the Site will be filed only in the state or federal courts located in Wilson County, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action. If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Social Agent Marketing to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision and will not prevent Social Agent Marketing from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets or by operation of law.

  1. Changes to these Terms of Use

From time to time, we may change these Terms of Use. If we change these Terms of Use, we will inform you by posting the revised Terms of Use on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms of Use. By continuing to access and use the Site, you agree to be bound by the revised Terms of Use.