Agentcy is a licensed user of SuprAgnt's Products and Services. By agreeing to these terms of service, you acknowledge that your use of any SuprAgnt Products and Services provided through Agentcy is also subject to SuprAgnt’s Terms of Service. This means that, in addition to complying with Agentcy’s terms, you are bound by the terms set forth by SuprAgnt LLC. Agentcy, as referenced in this agreement, is considered a "licensee" as defined in SuprAgnt’s Terms of Service. Therefore, your use of SuprAgnt’s Products and Services through Agentcy is governed by the applicable terms and conditions outlined by SuprAgnt. For detailed information on these terms and how they apply to your use of SuprAgnt’s Products and Services through Agentcy, please review SuprAgnt's Terms of Service at https://supragnt.com/tos.
By continuing to use the Products and Services provided through Agentcy, you signify your agreement to comply with both Agentcy's Terms of Service and SuprAgnt's Terms of Service. These Terms of Use were updated on January 1, 2024. By continuing to use the Product(s) or Service(s), you agree to these Terms, as well as the terms set forth in any applicable addendum(s) governing the specific Product(s) or Service(s) provided to you by Agentcy LLC, or any Product(s) or Service(s) offered by entities that are currently licensing or have previously licensed Agentcy LLC’s Product(s) or Service(s), as outlined in the relevant Services Addendum.
The Services are owned and operated by Agentcy LLC, a real estate technology platform headquartered at 2501 Chatham Rd #5304 Springfield, IL 62704. If you are located in Canada, you are additionally entering into this agreement with Agentcy LLC. Agentcy LLC is a comprehensive platform designed to empower real estate entrepreneurs and the general public through innovative digital solutions, providing a suite of tools tailored to those with a focus in real estate in any capacity.
These Terms are crafted to ensure a clear understanding of the legal framework within which our products and services are provided and used, including important information about your legal rights and covering aspects such as privacy, acceptable use of our Services, limitations of liability, dispute resolution, and more. We encourage you to read these Terms carefully before using our Product(s) or Service(s). Your access to and use of any aspect of the Agentcy LLC platform signifies your acceptance of these Terms and your agreement to be bound by them. If you do not agree to these Terms, you must not use any aspect of our Product(s) or Service(s).
This Consent Agreement (the "Agreement") outlines the terms under which you are authorized to use the Agentcy LLC platform and its associated products and services, including any Product(s) or Service(s) provided by entities currently licensing or previously licensed to use Agentcy LLC’s Product(s) or Service(s) (collectively referred to as the "Product(s)" or "Service(s)"). By engaging with the Product(s) or Service(s), you, the User, explicitly acknowledge and consent to this Agreement, which includes compliance with our usage policies, accepting responsibility for your communications, and understanding the potential for additional fees for certain uses beyond standard functionalities. These Terms constitute part of the Agreement between you and the applicable Agentcy LLC entity, providing important information about your obligations when using the Product(s) or Service(s), the content you access or contribute, and the limits of our liability to you. By accessing, downloading, or using any portion of the Product(s) or Service(s), you signify your acceptance of the terms outlined in this Agreement and any applicable Services Addendum that governs the specific Product(s) or Service(s) provided to you. The Product(s) or Service(s) are accessible, in whole or in part, through the Sites, and your use of and access to each Product or Service is subject to these Terms and the terms of the applicable Service(s) Addendum. Please review each applicable Product(s) or Service(s) Addendum(s) carefully, as your use of the corresponding Site(s), Product(s), or Service(s) constitutes your agreement to the terms of that Services Addendum. If you do not agree with these Terms, you are not permitted to use the Product(s) or Service(s). Agentcy LLC reserves the right to amend these Terms at its discretion, notifying you through the Agentcy LLC website, email, or other communication methods. If you do not agree with any changes, you must discontinue use of the Product(s) or Service(s); continued use after updates signifies acceptance of the revised Terms. It is your responsibility to regularly review Agentcy LLC.com/tos, as updates are binding.
PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, BY AGREEING TO THIS AGREEMENT AND THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND Agentcy LLC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 2.13.9 BELOW FOR DETAILS REGARDING ARBITRATION. THIS AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PRODUCT(S) OR SERVICE(S).
Definitions:The terms outlined below are defined as follows to facilitate comprehension and interpretation of this Agreement. These definitions apply to both singular and plural forms of the terms. "Agentcy LLC," "We," "Us," or "Our": Refers to Agentcy LLC, the provider of the Product(s) or Service(s), including its affiliates and subsidiaries. "User" or "You": Denotes any individual or entity that utilizes the Product(s) or Service(s) offered by Agentcy LLC. "Authorized Users": Individuals authorized by the User to access and utilize the Product(s) or Service(s) under the User’s account. "Agentcy LLC Platform": The digital service provided by Agentcy LLC, including its website, mobile applications, Product(s) or Service(s), and related offerings. "Products and Services": All offerings by Agentcy LLC, including software solutions, customer support, and any additional features or enhancements. "Product(s)": The comprehensive suite of tools and services offered by Agentcy LLC, including client management (CRM), transaction coordination, marketing, coaching, lead generation, data analytics, and any other digital tools or services available to Users. "Subscription": The agreement between the User and Agentcy LLC for access to and use of the Product(s) or Service(s), subject to fee payment and adherence to this Agreement's terms. "Terms of Service (Terms)": The legal agreement between Agentcy LLC and the User governing the use of the Agentcy LLC Platform. "License": The limited, revocable permission granted to the User by Agentcy LLC to access and use the Product(s) or Service(s) in strict accordance with the terms outlined in this Agreement. "Acceptable Use Policy (AUP)": The rules and guidelines for using the Product(s) or Service(s), detailed at www.Agentcy LLC.com/tos. "Indemnification": The User’s obligation to compensate Agentcy LLC for losses, damages, or expenses arising from the User's use of the platform in violation of the Terms of Service or Acceptable Use Policy. "Limitation of Liability": A provision that limits Agentcy LLC's legal responsibility in instances where its Product(s) or Service(s) do not perform as promised or expected. "Communications": Any interaction initiated by Agentcy LLC towards the User or vice versa, including emails, SMS messages, and push notifications. "Subscription Fee": The fee charged by Agentcy LLC for access to its Product(s) or Service(s), which may be subject to automatic renewal unless terminated by the User. "Additional Usage Fees": Charges applicable for usage exceeding the subscription plan's agreed limits or for activating extra features. "Refund Policy": Agentcy LLC’s conditions under which refunds for Product(s) or Service(s) may be issued to the User. "Cancellation Policy": The procedure and terms under which a User may discontinue their use of Agentcy LLC's Product(s) or Service(s). "Dispute Resolution": The process for resolving disputes between Agentcy LLC and the User related to the use of the platform. "Data Retention and Deletion": Agentcy LLC’s policy regarding the duration for which User data is stored and the conditions for its deletion or anonymization. "Compliance of Customer Data": The User's duty to ensure that all data uploaded, transmitted, stored, or processed through the Agentcy LLC Platform complies with applicable laws and regulations. "Customer Data": Information, content, or material uploaded, transmitted, stored, or processed by the User through the use of the Product(s) or Service(s). "Free Trial Period": A specified period during which the User may access and use the Product(s) or Service(s) free of charge, with an option to continue into a paid subscription upon the trial's end. "Auto-Renewal": The automatic continuation and billing of the subscription service at the end of the current subscription period, unless the User opts out or cancels the service as stipulated. "Wallet": A feature within the User's account enabling financial transactions for additional features, services, or products, requiring User funding for continued access and use. "Beta Features": Pre-release or experimental features of the Product(s) or Service(s) available to the User for testing and feedback, provided without warranty and subject to extra terms and conditions. "Applicable Laws": All relevant local, state, national, and international laws, regulations, and conventions, including those related to privacy, data protection, electronic communications, and anti-spam legislation. "End Customers": The clients or customers of the User, whom the User may serve or communicate with by using the Product(s) or Service(s). "AAA" means the American Arbitration Association. "AAA Rules" means the Consumer Arbitration Rules of the AAA. "Agreement" means, collectively and as applicable to you, these Terms, the applicable Services Addendum, and all other applicable terms, conditions, and policies, including the Privacy Notice, that we make available to you in connection with your use of the Product(s) or Service(s). "Claim" means any dispute, controversy, or claim arising between you and Agentcy LLC. "Class Action Waiver" has the meaning set forth in Section 2.13.9.2 of these Terms. "Feedback" means feedback, comments, and suggestions for improvements in connection with the Sites and Product(s) or Service(s). "Agentcy LLC" or "Agentcy LLC entities" or "our" or "we" means, collectively or as applicable to you, the specific entity, and/or the affiliates of such entity, providing the Product(s) or Service(s) as identified in the applicable Services Addendum. "Services Addendum" means any applicable addendum incorporated by reference into this Agreement that contains additional terms and provisions concerning the respective Product(s) or Service(s). "Product(s) or Service(s)" means, collectively or as applicable to you, the Sites and services provided by Agentcy LLC pursuant to this Agreement and any applicable Services Addendum. "Sites" means the websites and mobile applications maintained by or on behalf of Agentcy LLC through which Agentcy LLC may offer Product(s) or Service(s). "Terms" means these Terms of Use. "Testing" has the meaning set forth in Section 2.13.6 of these Terms. "Third Party Content" means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Product(s) or Service(s) provide to us or upload to the Product(s) or Service(s), excluding any personally identifiable information, the collection, processing, or any other use of which is governed by Agentcy LLC's Privacy Notice; and (ii) content and information posted or provided by our service providers, or any third-party multiple listing service, broker, or agent. "Third Party Sites" means third-party websites. "Your Content" means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Product(s) or Service(s), excluding any personally identifiable information, the collection, processing, or any other use of which is governed by Agentcy LLC's Privacy Notice. All other capitalized terms will have the meaning as provided elsewhere in this Agreement.
Registration, Eligibility, and Representation: To access and use Agentcy LLC's Product(s) or Service(s), you must be at least 18 years old or have reached the age of majority as defined by your state, province, or territory. Individuals under the age of 13 are strictly prohibited from using the Product(s) or Service(s) and must not access the Sites or engage with any Product(s) or Service(s). If you are using the Product(s) or Service(s) on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. When creating an account, you must provide information that is accurate, current, and complete, and you are responsible for maintaining the security of your account, including all activities conducted under your account credentials. You must promptly notify Agentcy LLC at support@Agentcy LLC.com if you suspect any unauthorized access or security breaches related to your account. By accepting these Terms, you consent to receive communications from Agentcy LLC and relevant third parties. Additional eligibility requirements may be specified in the applicable Services Addendum. You further represent and warrant that: (i) you possess the legal authority to enter into this Agreement and to grant all assignments, licenses, and permissions required by these Terms; (ii) your use of the Product(s) or Service(s) will comply with all applicable laws, regulations, this Agreement, Agentcy LLC policies, and any relevant third-party policies; (iii) Your Content and any Feedback are original to you and do not infringe upon the rights of any third party, including intellectual property rights or privacy rights; (iv) Your Content and any Feedback do not contain any defamatory, obscene, libelous, abusive, or otherwise inappropriate material; and (v) Agentcy LLC’s use of Your Content and Feedback, as provided under these Terms, will not violate the rights of any third party, including intellectual property or privacy rights.
Third-Party Services and Linked Materials: When you choose to use third-party services in conjunction with Agentcy LLC's Product(s) or Service(s), you assume full responsibility for all aspects of their use, including data sharing, processing, and overall management of the third-party service. Agentcy LLC disclaims any liability for issues that may arise from your use of third-party services, such as their functionality, security, or availability. The Product(s) or Service(s) may also include links to external Third Party Sites. It is crucial to review the terms and privacy policies of any Third Party Site before using it or sharing any information, as these third parties may manage your information in ways that differ from our practices. Agentcy LLC does not endorse or accept responsibility for any features, content, advertisements, products, or other materials available on or through Third Party Sites, even if accessed via a link from our Sites. If you wish to suspend or terminate an integration with a third-party service, you must provide written notice to Agentcy LLC at Support@Agentcy LLC.com to ensure proper handling of your service adjustments.
Intellectual Property Rights, Policy, and Notification of Copyright Infringement: Agentcy LLC ("Agentcy LLC") respects the intellectual property rights of others and expects its users to do the same. Agentcy LLC, together with its licensors, retains all rights, titles, and interests in and to the Product(s) or Service(s), including all materials, content, and information (such as source code, data, text, images, and other digital content) that are part of or accessible through the Product(s) or Service(s). These rights are safeguarded by copyright, trademark, and other intellectual property laws both in the United States and internationally. Except as explicitly provided in this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Product(s) or Service(s) strictly in accordance with this Agreement, any applicable Services Addendum, and other policies. This license does not convey any ownership or additional rights to Agentcy LLC's trademarks, service marks, logos, or other brand features, nor does it authorize the creation of derivative works based on the Product(s) or Service(s). All intellectual property rights not expressly granted to you under this Agreement are reserved by Agentcy LLC. Unauthorized reproduction, distribution, modification, public display, or any other misuse of the Product(s) or Service(s) or their content is strictly prohibited and may lead to termination of access and potential legal action.
If you believe that any content or materials on the Product(s) unlawfully infringe the copyrights in a work that you own or control and wish to have the allegedly infringing material removed, you must provide a written notification to Agentcy LLC containing the following information: Your physical or electronic signature, Identification of the copyrighted work(s) claimed to have been infringed, Identification of the material on our Product(s) claimed to be infringing and that you request us to remove, Sufficient information to enable us to locate the material, Your address, telephone number, and email address, A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law, and A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification may subject you to liability for damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement. Notification of copyright infringement should be sent by email to: [email protected] It is Agentcy LLC's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your copyright or other intellectual property rights are being infringed, misappropriated, or otherwise violated by a user of the Product(s) or Service(s), or if you believe a claim has been unfairly made against your account, please refer to Agentcy LLC's Copyright & Intellectual Property Policy. Agentcy LLC will respond to such claims in accordance with its policy and applicable laws.
Copyright © 2023. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Product(s) are the property of Agentcy LLC or the property of other third parties. You are not permitted to use these Marks without the prior written consent of Agentcy LLC or the consent of the respective third party that may own the Marks. Users acknowledge that all logos and trademarks of other companies or entities displayed on our platform are the exclusive property of their respective owners. Any use of these logos, including but not limited to reproduction, modification, or representation, must receive direct approval from the owning company or entity. Agentcy LLC does not claim any rights to these logos and trademarks, and their presence on our platform does not imply any affiliation with or endorsement by their owners. Users agree to respect the intellectual property rights of these entities and to obtain necessary permissions for any actions concerning these logos. Except as explicitly permitted in these Terms, no part of the Product(s) or Service(s) may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Additionally, the use of the Product(s) or Service(s) must not violate the Acceptable Use Policy outlined at www.Agentcy LLC.com/tos.
DMCA Notice of Alleged Infringement: In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the full text of which is available on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Agentcy LLC will respond expeditiously to claims of copyright infringement committed using Agentcy LLC’s websites and mobile applications (the "Sites") that are reported to Agentcy LLC's Designated Copyright Agent, as identified in the sample notice below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Agentcy LLC's Designated Copyright Agent. Upon receipt of the Notice as described below, Agentcy LLC will take whatever action, at its sole discretion, it deems appropriate, including the removal of the challenged material from the Sites.
To submit a DMCA Notice of Alleged Infringement, please provide the following information to Agentcy LLC's Designated Copyright Agent: Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed, Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found, Provide your mailing address, telephone number, and, if available, email address, Include both of the following statements in the body of the Notice:"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.", and Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Agentcy LLC's Designated Copyright Agent:Designated Copyright Agent:
Copyright Agent
Agentcy LLC Legal Department
30 N Gould St Ste R
Sheridan, WY 82801
Email: [email protected] LLC will respond to such claims in accordance with its policy and applicable laws.
License: Subject to these Terms, Agentcy LLC grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Product(s) solely for your lawful internal business purposes and in strict accordance with this Agreement, any applicable Services Addendum, and all other relevant policies. This license is granted solely for the purpose of enabling you to utilize the Product(s) as provided by Agentcy LLC in a manner consistent with these Terms. The license terminates immediately upon the termination of your account or these Terms. You acknowledge that Agentcy LLC's Product(s) are designed as tools for effective and compliant real estate business practices. Agentcy LLC provides the Product(s) "as is," without any warranties, express or implied, concerning the completeness, accuracy, or availability of the Product(s). Agentcy LLC expressly disclaims all warranties to the maximum extent permitted by law and shall not be liable for any damages resulting from your use of or inability to use the Product(s). No ownership or intellectual property rights in the Product(s) or any materials used in connection with the Product(s) (including software, programs, content, and trademarks, collectively referred to as "Agentcy LLC Content") are transferred to you under this Agreement. All Agentcy LLC Content remains exclusively owned, controlled, and/or licensed by Agentcy LLC or its affiliates. You are strictly prohibited from using Agentcy LLC's trademarks, service marks, graphics, or logos without prior written permission from Agentcy LLC. Except as explicitly provided in this Agreement, no license or rights under any intellectual property rights are granted to you, and you agree not to engage in any unauthorized use of the materials or content available on the Product(s).
Restrictions: You are strictly prohibited from modifying, decompiling, disassembling, reverse-engineering, reproducing, redistributing, creating derivative works from, or attempting to commercially exploit any part of the Product(s) or Service(s) or their components, unless such actions are expressly permitted by the Product(s) or Service(s). Additionally, you are not allowed to use automated tools or methods, such as crawling, querying, screen scraping, database scraping, spiders, robots, or any other automated mechanisms, to extract information from the Product(s) or Service(s) without obtaining explicit written consent from Agentcy LLC. These Terms do not grant you any rights to use, reproduce, distribute, display, or provide access to any portion of the Product(s) or Service(s) on Third Party Sites or other platforms. Furthermore, you are not permitted to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Product(s) or any content contained within them, either in whole or in part. Unauthorized use of meta-tags or other hidden text that utilizes Agentcy LLC's name, trademarks, service marks, graphics, or logos is forbidden without prior written permission from Agentcy LLC. You are also prohibited from altering or removing any copyright or intellectual property notices that are displayed on or within the Product(s) or Service(s). Use of the Product(s) or Service(s) in any manner that violates applicable laws, regulations, this Agreement, Agentcy LLC policies, or third-party policies, or that causes harm to Agentcy LLC, its service providers, suppliers, other users, or any other parties, is strictly forbidden. Should you violate these Terms or any aspect of this Agreement, Agentcy LLC reserves the right to revoke your access and usage rights or terminate your access to the Product(s) or Service(s) entirely.
Your Content: By submitting Your Content to Agentcy LLC, you grant Agentcy LLC a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (solely for formatting purposes), distribute, publicly perform, and display Your Content as necessary to provide the Product(s) or Service(s) to you or for any other permitted use under these Terms. By utilizing our Product(s), you grant Agentcy LLC a limited, revocable, non-exclusive, non-transferable license to use your data solely for the purpose of providing and enhancing the Product(s) offered to you. This includes the right to perform data analytics in a manner that does not disclose personal identification information. Your data will not be employed for marketing or promotional activities without your explicit, written consent. Agentcy LLC may share Your Content with its affiliates, service providers, or subcontractors to deliver, enhance, or improve the Product(s) or Service(s). You waive, to the fullest extent permitted by law, any claims and rights of moral attribution or other rights regarding Your Content. Agentcy LLC is not obligated to store or display Your Content and retains the right to monitor, modify, or remove it at any time at its sole discretion. Additionally, Agentcy LLC may promote and market Your Content in connection with the Product(s) or Service(s). If you provide any Feedback to Agentcy LLC, you assign all rights, titles, and interests in that Feedback to Agentcy LLC. Should applicable law prevent such an assignment, you grant Agentcy LLC a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to utilize the Feedback in any manner Agentcy LLC deems appropriate. You also waive any claims and assertions of moral rights or rights of attribution concerning your Feedback, to the fullest extent allowed by law. Agentcy LLC may also offer forums where users can share observations and comments on specified topics or participate in public discussions. Certain Product(s) or Service(s) may allow account holders to create forum threads. Agentcy LLC reserves the right to close, transfer, modify, or remove any forum content at its discretion. Please be aware that any content shared in a forum may be viewed and used by other users. Agentcy LLC is not liable for content posted by individuals not associated with Agentcy LLC and is not responsible for monitoring forum content or activities.
Provision of Product(s) or Service(s) & Communication: Access to certain Product(s) or Service(s) or specific features may require you to register and create an account with Agentcy LLC. Additional terms and conditions regarding registration may be detailed in the relevant Services Addendum. Agentcy LLC may use the contact information associated with your account to communicate with you regarding your account or the Product(s) or Service(s). Agentcy LLC is not responsible for any issues resulting from your failure to maintain accurate contact or other information, including missing critical updates about the Product(s) or Service(s). When requesting information from us, you are providing an express invitation for us to contact you.
Reservation of Rights: All rights, interests, and titles in and to the Product(s) or Service(s) are reserved by Agentcy LLC, except for the limited licenses expressly provided in this Agreement.
Termination and Data Deletion: You may deactivate your account at any time by accessing your Account Settings or contacting Agentcy LLC's Customer Service. Agentcy LLC reserves the right to modify or discontinue the Product(s) or Service(s), in whole or in part, at any time with or without notice. Agentcy LLC is not responsible or liable for any loss or damage resulting from such modifications or discontinuance. Agentcy LLC is not obligated to store or back up your data post-termination and is permitted to delete data in accordance with these Terms.
Indemnification: By using Agentcy LLC's Product(s) or Service(s), you agree to defend, indemnify, and hold harmless Agentcy LLC, including its subsidiaries, affiliates, partners, licensees, licensors, service providers, and their respective officers, employees, agents, directors, and representatives, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, that arise from or are related to your access to or use of Agentcy LLC's Product(s) or Service(s). This indemnification obligation includes, but is not limited to: (a) your or any authorized user's use of Agentcy LLC's Product(s) or Service(s); (b) the transmission, storage, or processing of any content, information, or materials through the Product(s) or Service(s); (c) violations of Agentcy LLC's Terms of Service, including the Acceptable Use Policy available at www.Agentcy LLC.com/tos; (d) any infringement of third-party rights, including intellectual property, publicity, or privacy rights, resulting from your use of the Product(s) or Service(s); (e) willful misconduct or any other actions by you that violate applicable laws or industry standards; and (f) any legal disputes or transactions involving you and third parties related to your use of Agentcy LLC's Product(s) or Service(s). You must not settle any claim without obtaining Agentcy LLC's prior written consent, and Agentcy LLC reserves the right to assume control of the defense at its own expense if it determines that your defense is not adequately protecting its interests or those of the indemnified parties. Additionally, if Agentcy LLC incurs fines or penalties from carriers or regulatory bodies due to your non-compliance with these Terms, you agree to reimburse Agentcy LLC for such penalties and ensure that your use of the Product(s) or Service(s) complies with all applicable regulations to prevent such occurrences.
Disclaimers and Limitation of Liability: Agentcy LLC provides the Product(s) and all related information, software, products, and services on an "as-is" and "as-available" basis. Agentcy LLC, along with its subsidiaries, affiliates, partners, licensors, service providers, and suppliers, expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Agentcy LLC does not guarantee that the Product(s) will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis, nor does it guarantee that the Product(s) will be accurate, reliable, virus-free, complete, legal, or safe. Agentcy LLC is not responsible for, and assumes no liability for, any errors or omissions in information displayed on the Product(s) or any third-party content, including, but not limited to, errors, delays, or inaccuracies in such content. Any reliance on third-party content or other information provided through the Product(s) or obtained by you through the Product(s) is at your own risk. Agentcy LLC disclaims all liability for any third-party actions, omissions, or content, including, but not limited to, those provided by a multiple listing service or an agent participating in a partner program. Agentcy LLC is not responsible for, and makes no representations or warranties regarding, the delivery of any messages (such as the posting of answers or the transmission of content) sent through the Product(s) or Service(s). Agentcy LLC has no obligation to verify the identity of users accessing its Product(s) or Service(s) and disclaims all liability for identity theft or any other misuse of your identity or information by others. Additionally, Agentcy LLC makes no guarantee that the Product(s) or Service(s) will function without interruption or errors and disclaims all liability for damages caused by such interruptions or errors. The information provided on the Product(s) or Service(s) does not constitute an offer or solicitation by anyone in any jurisdiction where such an offer or solicitation is not legally permitted or to any person to whom it is unlawful to make such a solicitation. The views expressed on the Product(s) or Service(s) in third-party content, including, but not limited to, posts to forums, do not necessarily represent or reflect the views of Agentcy LLC. Agentcy LLC is not responsible for, and disclaims any and all liability in relation to third-party content. In no event shall Agentcy LLC or any of its agents, employees, directors, officers, or representatives be liable for any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these Terms, the Agreement, or your use of the Product(s) or Service(s), even if Agentcy LLC has been advised of the possibility of such damages. These limitations and exclusions apply regardless of whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusions and limitations are not prohibited by applicable law. If you do not agree with any part of this Agreement, or if you have any dispute or claim against Agentcy LLC, its agents, employees, directors, officers, or representatives with respect to this Agreement or the Product(s) or Service(s), then, except as specifically provided in this Agreement or where the law requires a different standard, your sole and exclusive remedy is to terminate your account for such Product(s) or Service(s), if applicable, and/or discontinue using the Product(s) or Service(s). Agentcy LLC shall have no responsibility for any disputes between a user and the general public in any form. Agentcy LLC shall have no liability for any damages arising out of or related to a user's relationship with the general public in any form, even if Agentcy LLC has been advised of the possibility of such damages. Agentcy LLC may provide opportunities to automate additional communication to the general public. When utilizing these opportunities, it is the user's responsibility to ensure that any communication, even if templated or presented by Agentcy LLC, is legally compliant and conforms to the laws and regulations mentioned within this Agreement. Agentcy LLC is not responsible for the content of such communications or the legal compliance of the user's actions.
Termination, Cancellation, and Data Deletion: You may deactivate your account or cancel your subscription to any Agentcy LLC Product(s) at any time, subject to the terms outlined for those Product(s). To cancel your subscription, you must submit a written notice of your intent to cancel to Agentcy LLC at least 30 days before your next billing date through the designated URL (https://Agentcy LLC.com/cancellation). It is your responsibility to ensure that Agentcy LLC receives and acknowledges this termination notice. Please note that no prorated refunds will be issued for any unused portion of the monthly service, and your Product(s) will remain active, with charges continuing to apply until the end of the 30-day notice period. Submission of the cancellation form will result in the immediate and irreversible loss of access to your account, the Product(s), and any data contained therein. If Agentcy LLC terminates your account or Product(s), all associated Product(s) related to you will also be terminated. Upon termination, you are required to cease using the Product(s) and must return or destroy all confidential information belonging to Agentcy LLC. All outstanding fees will become due immediately. Termination may also involve the deletion of your account's content, information, or materials from Agentcy LLC's databases. Be aware that certain provisions of these Terms will remain in effect even after termination. Agentcy LLC reserves the right to modify or discontinue the Product(s) or Service(s), in whole or in part, at any time, with or without notice, and is not responsible or liable for any loss or damage resulting from such modifications or discontinuance. Agentcy LLC is not obligated to store or back up your data post-termination and is permitted to delete data in accordance with these Terms. Agentcy LLC also reserves the right to suspend or terminate a user's access to the Product(s) if they violate this Acceptable Use Policy, at its sole discretion. If you are running text messaging campaigns, you must ensure compliance with the requirements set by U.S. Carriers, including T-Mobile, Verizon, and AT&T. Non-compliance may result in penalties from these Carriers, and you will be responsible for paying any such penalties. You are also liable for any fines or penalties imposed by third parties, such as Carriers or Communication Providers (including Lead Connector, Bandwidth, and others), as well as for fulfilling any indemnification obligations that Agentcy LLC may owe to these third parties, arising from your failure to comply with the terms outlined in this policy. If any provision of this Agreement is found by a court of competent jurisdiction or an arbitrator to be illegal, void, or unenforceable, that provision will be modified to the extent necessary to render it enforceable and effective, reflecting the original intention of the provision as closely as possible.
Notices: You agree that Agentcy LLC, at its discretion, may send you notifications regarding your subscription status, including reminders of upcoming renewals and any changes to subscription fees, to the email address you provided during sign-up. While Agentcy LLC is not obligated to provide these notifications, we aim to keep you informed to ensure continuity of your services. For all legal notices, support queries, and general inquiries related to Agentcy LLC's services and products, please contact us via email at our official communication channel: [email protected]. This email address is the designated point of contact for all communications, ensuring that your queries and notices are addressed efficiently and effectively. We strive to respond to all inquiries promptly to provide the best possible support and service. By using this official channel for communication, you help us maintain a streamlined process for handling all matters related to your use of Agentcy LLC's Product(s) or Service(s).
Amendments, Modifications, and Changes to Product(s) or Service(s): Agentcy LLC reserves the right, at its sole discretion, to update, alter, modify, suspend, or discontinue any aspect of the Product(s) or Service(s) at any time, with or without notice, and without liability to you. These changes may be made for various reasons, including but not limited to compliance with legal obligations, responses to unforeseen technical challenges, or updates to Product(s) offerings. Any changes will take effect immediately upon their posting on the Agentcy LLC website or through direct communication with users. It is your responsibility to regularly review these Terms to ensure that you understand your rights and obligations under the service agreement. Continued use of the Product(s) or Service(s) following any such changes constitutes acceptance of the new terms. If we make material changes to the Product(s) or Service(s) that significantly alter your ability to use them as originally intended, we will notify you via our website, email, or other communication methods. In such cases, you will have the right to terminate your subscription without penalty if a modification or discontinuation of the Product(s) or Service(s) materially impacts your use. To exercise this right, you must submit a termination request through the designated cancellation form at https://Agentcy LLC.com/cancellation within the period stipulated in the notice of change. This ensures that you can make informed decisions regarding your continued use of Agentcy LLC based on the updated terms or modifications to the Product(s) or Service(s). Agentcy LLC may also adjust subscription fees for the Product(s) or any part thereof in a manner consistent with these Terms. Users will be notified of any such fee adjustments through the same communication channels, and it remains the user's responsibility to stay informed about any changes to the fees or terms of service. Agentcy LLC retains the authority to modify these terms and conditions at any time. Users may reject any future modifications to the arbitration agreement, other than changes to Agentcy LLC's address for notices, by sending written notice to Agentcy LLC within forty-eight (48) hours of the change. If you reject the changes, the arbitration agreement, as it stood immediately before the rejected modifications, will continue to govern any disputes between you and Agentcy LLC. By continuing to use the Product(s) or Service(s) after any modifications or updates have been posted, you acknowledge and accept the terms as amended. If you do not agree to the updated terms, you must discontinue your use of the Product(s) or Service(s). Agentcy LLC is committed to maintaining high standards of service, security, and legal compliance, and will ensure all updates and changes comply with applicable laws and regulations, protecting both the users' interests and Agentcy LLC's operational integrity.
No Waiver: The failure of Agentcy LLC to enforce any provision of this Agreement or to act with respect to a breach of this Agreement by you or others does not constitute a waiver of Agentcy LLC’s right to enforce such provision or to act with respect to that breach or any subsequent breaches, whether similar or different in nature.
Assignment and Delegation: You are not permitted to assign or delegate any of your rights or obligations under this Agreement. Any attempt by you to do so will be considered null and void. Agentcy LLC reserves the right to freely assign or delegate all rights and obligations under this Agreement, in whole or in part, without providing notice to you. Additionally, Agentcy LLC may, through unilateral novation effective upon notice to you, substitute any third party to assume our rights and obligations under this Agreement.
Alpha and Beta Testing: Agentcy LLC is committed to continuous innovation and may offer you the opportunity to participate in alpha or beta testing or other evaluations of its products and services, including new features, functionality, and components (whether in final or pre-release form) ("Beta Testing or Testing"). These features are provided on an "as is" basis, and Agentcy LLC makes no guarantees regarding their reliability, functionality, or availability. Your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing is entirely voluntary and subject to this Agreement, as well as any specific terms provided at the time of Testing. By engaging with these beta features, you accept any associated risks and acknowledge that they are Agentcy LLC’s proprietary information. Any feedback or data generated from your use of beta features is invaluable for further development and may be used by Agentcy LLC for such purposes. By participating in Testing or using third-party services through Agentcy LLC, you agree to these provisions and recognize the potential benefits and limitations of such engagements. Your proactive management and discretion in using these features or services enhance your overall experience and ensure alignment with Agentcy LLC's standards for quality and security. By participating in beta testing, you acknowledge that you will receive no compensation, ownership, or exclusivity rights in any form for your feedback or for any use of the Product(s) based on your activity during the testing phase, regardless of whether Agentcy LLC incorporates your feedback or activity into its products or services.
Governing Law: Agentcy LLC is primarily controlled and operated from its offices in the United States, and the digital infrastructure supporting our services is based in the United States, establishing a secure and robust environment. The legal framework governing our operations, user interactions, and data handling practices is rooted in the laws of the State of Wyoming, USA. This legal grounding applies universally, irrespective of the geographical location of our users. We make no representation that the Product(s) or Service(s) are appropriate or available for use in any specific country or location. If you choose to access, view, or use the Product(s) or Service(s) from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, to the extent such laws are applicable. No Product(s) or Service(s), including any software, may be downloaded, exported, or re-exported in violation of any applicable law, rule, regulation, or export or import control. International users are advised to undertake due diligence to ensure their interaction with Agentcy LLC does not contravene their local legal stipulations. For users who are residents of the United States, this Agreement, any related matters, and any claims arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Wyoming, without reference to its conflicts of law principles. The exclusive jurisdiction for all claims that you and Agentcy LLC are not required to arbitrate will be the state and federal courts of Sheridan County, Wyoming. For users who are residents of Canada, this Agreement, any related matters, and any claims arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflicts of law principles. The exclusive jurisdiction for all such claims will be the courts of the City of Vancouver in the Province of British Columbia. The International Sale of Goods Act (British Columbia) and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement or the transactions contemplated by this Agreement. You hereby accept and submit to the personal jurisdiction of the applicable courts in accordance with this section with respect to any legal actions, suits, or proceedings and waive any jurisdictional or venue defenses otherwise available.
Dispute Resolution: To the fullest extent permitted by applicable law, this dispute resolution section is designed to handle any claims or disputes you may have with Agentcy LLC. This arbitration provision will survive the termination of this Agreement. If any part of this section is found to be unenforceable, it will not affect the enforceability of any other provision. Before initiating any arbitration or court proceeding, both you and Agentcy LLC agree to first attempt to resolve any claims or disputes through informal negotiations for at least sixty (60) days. To begin this process, you must send a written notice to Agentcy LLC at [email protected], providing a detailed description of your claim, the specific relief sought, and any relevant information, including your name, contact details, and the nature of your relationship with Agentcy LLC. You may also send a signed written notice by certified mail to Agentcy LLC's office at 2501 Chatham Rd #5304 Springfield, IL 62704. Both parties agree to negotiate in good faith to attempt to resolve the dispute within the 60-day period. If the claim is not resolved within this time frame despite these efforts, either party may then proceed to initiate arbitration or a small claims court proceeding. If informal negotiations do not resolve the dispute, you and Agentcy LLC agree to resolve any remaining claims exclusively through binding individual arbitration, and not as part of a class, representative, or consolidated action. This arbitration agreement is governed by the Federal Arbitration Act and federal arbitration law. By agreeing to these terms, both you and Agentcy LLC waive the right to a trial by jury and the right to participate in any form of class action or class-wide arbitration. Any claims must be brought on an individual basis, and the arbitrator may not consolidate your claims with those of others or preside over any form of representative or class proceeding. If the class action waiver is deemed unenforceable, the entirety of this arbitration section will be null and void. This arbitration agreement does not prevent you from: (a) seeking remedies in small claims court for disputes or claims within its jurisdiction; (b) pursuing an enforcement action through federal, state, or local agencies; (c) seeking injunctive relief in a court of competent jurisdiction in support of arbitration; (d) enforcing or seeking confirmation of an arbitration award in any court with jurisdiction; or (e) initiating a lawsuit in a court of law to address intellectual property infringement claims. You also have the right to opt out of arbitration entirely by sending a written notice to Agentcy LLC within thirty (30) days of agreeing to these terms. This notice must be sent via email to [email protected] or by certified mail to our office address. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as modified by these Terms. You may choose the arbitration format based on your claim amount: document-based, telephonic, video-conference, or in-person hearing. Arbitration will take place in a mutually agreed-upon location, or in the county where you reside, unless both parties agree otherwise. The arbitrator will have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement. Evidence produced in arbitration may only be used in that proceeding and cannot be disclosed or used for other purposes. Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. If you initiate arbitration, Agentcy LLC will reimburse the filing fee if it exceeds the cost of filing a court complaint, unless your claim is deemed frivolous or brought for an improper purpose. The arbitrator is authorized to award legal fees or other sanctions if necessary. In arbitration, any declaratory or injunctive relief can only be granted to the individual party seeking relief and solely to the extent necessary to resolve that party's individual claim. Any claims seeking public injunctive relief must be litigated in court, not in arbitration. Litigation of public injunctive relief will be stayed pending the outcome of individual claims in arbitration. If Agentcy LLC makes future changes to this arbitration section, you may reject those changes by sending a written notice to Agentcy LLC within thirty (30) days of the change. This rejection does not constitute an opt-out of arbitration altogether, but instead, you agree to arbitrate any claim under the most recent version of the arbitration agreement that you did not reject. To ensure effective and efficient resolution of disputes, Agentcy LLC prioritizes good faith negotiations to resolve issues amicably, confidentially, and cost-effectively, thus avoiding the complexities and expenses associated with court litigation.
Billing: Agentcy LLC commits to providing the subscribed service to the user, who, in return, agrees to pay for this Product(s) or Service(s) monthly. The user’s account will automatically be charged each month on the subscription's initial date. The charge will reflect the pricing agreed upon at subscription or as later adjusted under these terms. Payment: You are responsible for all fees indicated in your account or Product(s) or Service(s), payable via a payment card or another digital method provided at signup. Recurring fees are due before each subscription period begins. If automatic payment is set up, your payment method on file will be charged accordingly. All payments are to be made in US dollars to Agentcy LLC's designated account. Delays in payment may lead to termination of Product(s) or Service(s) access without liability or notice. Taxes: Fees and payments under these Terms exclude taxes and similar assessments. You are liable for any sales, use, excise taxes, or other taxes imposed by authorities. Newly PurchasedProduct(s) or Service(s): Agentcy LLC may, at its discretion, offer a refund if a request is made within 24 hours immediately following the purchase of the Product(s) or Service(s), provided the Product(s) or Service(s) remains unused and no data has been transmitted to or from the user, the general public in any form, or Agentcy LLC. Any transmission of data in any form nullifies eligibility for a refund. Auto Renewal: You acknowledge and agree that unless you cancel before the end of the free trial period, the subscription will automatically renew. Your designated payment method will be charged the subscription fee specified at the time of the initial subscription, plus any applicable taxes, until the subscription is canceled. The specific subscription fee and renewal term (e.g., monthly, annually) will be disclosed at the time of the initial subscription. For ongoing subscriptions not initiated through a free trial, you agree that your subscription will automatically renew at the end of each subscription period, and your payment method will be charged the prevailing subscription fee and any applicable taxes. Recurring and/or Subscription Product(s) or Service(s): Agentcy LLC may, at its discretion, offer a refund if the termination of a Product(s) is requested at least 30 days before the next billing date and the user was billed in error by Agentcy LLC. Your Product(s) or Service(s) will remain active, and charges will continue to apply until the end of the notice period. It is your responsibility to ensure that Agentcy LLC receives and acknowledges your termination notice. No prorated refunds will be provided for any unused portion of the monthly service if terminated early. Wallet: Agentcy LLC may offer a refund for any unused portions of a user’s wallet at its discretion if requested in conjunction with the cancellation of a Product(s) or Service(s). All refunds are subject to a processing fee incurred by Agentcy LLC for all transactions associated with its products. Consequently, any refunded amount(s) will be net of any processing fees incurred by Agentcy LLC. Agentcy LLC will clearly specify the fee amount, ensuring it aligns with industry standards. Customization of Wallet Recharge Amount and Cadence: Users have the flexibility to customize both the amount and the frequency of wallet recharges according to their preferences and usage patterns. This feature allows users to manage their account's financial aspects optimally, ensuring the wallet is recharged as needed to support ongoing or anticipated usage. Immediate Charging Upon Additional Usage: To maintain uninterrupted access to Agentcy LLC's Product(s) or Service(s), the wallet is automatically recharged when any Additional Usage causes the wallet balance to fall below zero. The recharge amount, set by the user, will be applied promptly to restore the balance and maintain service access. Default Setting: By default, the user acknowledges and agrees that the wallet is set to recharge the user’s balance using the payment method on file, with an automatic $10 recharge when the wallet balance falls below $0.00. This wallet feature is designed to give users greater control over their account management, allowing for a personalized approach to budgeting and spending on Additional Usage within the Agentcy LLC platform. Users are encouraged to adjust their recharge settings to align with their usage patterns and financial preferences, ensuring they can fully leverage the Agentcy LLC services without interruption. Usage Fees: By initiating or receiving manual or automated communications or by procuring or activating additional features, services, or products via Agentcy LLC, users accept all legal responsibilities and any resulting costs. Additional Usage Fees are listed on our pay-as-you-go pricing page. Users consent to be billed for Additional Usage Fees according to these rates. Billing Disputes: To dispute a charge, you must notify Agentcy LLC in writing within 7 days of receiving the invoice or statement. Failure to dispute within this period waives your rights to contest the charge.
Acceptable Use Policy (AUP): This Acceptable Use Policy (AUP) governs your access to and utilization of our Product(s) or Service(s), encompassing various forms of messaging and communications. We reserve the right to modify, amend, or adjust the conduct requirements specified in this AUP at any time. It's your responsibility to review and adhere to the guidelines outlined in this AUP. Revisions to this AUP become effective upon publication on the Agentcy LLC website. Continued use of the Product(s) or Service(s) after changes to the AUP indicates your acceptance of the modified terms. Terms capitalized in this AUP, not explicitly defined here, are detailed in our Terms of Service. As a User, you bear full responsibility for using the Product(s) or Service(s) in compliance with all relevant laws, regulations, and industry standards, including CTIA Policies, and for any fees, fines, or penalties imposed by Carriers. Our platform currently employs Lead Connector for calling and text messaging. By using our Product(s) or Service(s), you agree to adhere to Lead Connector's Messaging Policy and Acceptable Use Policy. For comprehensive guidelines on Lead Connector's service use, refer to their Terms of Service, Privacy Policy, and articles on U.S. Carrier Penalties for Non-Compliant Messaging and Forbidden message categories for SMS and MMS in the US and Canada. Lead Connector also outlines additional requirements for specific Product(s) or Service(s), including country-specific requirements. Please be advised that any violation of the Acceptable Use Policy by either you or your authorized users is considered a substantial breach of these Terms, with corresponding implications for your continued use of the Product(s) or Service(s). Prohibited Content: You are strictly prohibited from transmitting or storing content that: Promotes racism, bigotry, hatred, or physical harm against any group or individual. Could harm minors. Advocates harassment. Promotes false or misleading information, illegal activities, or conduct that is abusive, threatening, obscene, defamatory, or libelous. Is offensive, inappropriate, pornographic, obscene, illegal, or objectionable. Contains restricted or password-protected access pages or images. Provides instructions for illegal activities, such as making illegal weapons, violating privacy, or creating computer viruses. Solicits passwords or personal information for unlawful purposes. Involves unauthorized commercial activities or sales without prior consent, like advertising, solicitations, contests, sweepstakes, barter, or pyramid schemes. Violates any laws, regulations, guidelines, or policies, including those related to privacy or data security. Prohibited Use: Using our Product(s) or Service(s) must not involve transmitting or storing content categorized as prohibited, including: Illegal, harmful, unwanted, objectionable, or criminal misinformation. Unsolicited bulk commercial messages (SPAM). Fraudulent or misleading messages. Depictions or endorsements of violence. Profanity. Cannabis or CBD content not compliant with legal requirements across all 50 U.S. states and the District of Columbia. Content not permitted by U.S. and Canadian Carriers, such as high-risk financial services, third-party lead generation services, debt collection, "get rich quick" schemes, illegal substances, prescription medications, gambling, and categories lacking proper age gating (firearms, alcohol, tobacco, vaping is prohibited).
Privacy Policy: Agentcy LLC is committed to protecting your privacy. This Privacy Policy governs and explains how we collect, use, protect, and share information about you when you use our website and Product(s) or Service(s) (collectively, the "Product(s)" or "Service(s)"). It encompasses personal information, usage data, and device information, ensuring that our practices are transparent and geared towards providing and improving our Product(s), services, communication, and personalized user experiences. By using our Product(s) or Service(s), you agree to the collection and use of information in accordance with this policy. Information Collection: We collect information to provide and improve our Product(s) or Service(s) to you. This includes: Personal Information: We collect personal information you provide when you use our Product(s) or Service(s), such as your name, email address, and payment information. Usage Data: We collect information on how the Product(s) or Service(s) are accessed and used. This may include details like your computer's Internet Protocol address (e.g., IP address), browser type, browser version, and our Product(s) or Service(s) pages that you visit. Device Information: We may collect information about the device you use to access our Product(s) or Service(s), including the device model, operating system, unique device identifiers, and mobile network information. Use of Collected Information: We use the information we collect for various purposes, including but not limited to: To provide and maintain our Product(s) or Service(s). To notify you about changes to our Product(s) or Service(s). To allow you to participate in interactive features of our Product(s) or Service(s) when you choose to do so. To provide customer support. To gather analysis or valuable information so that we can improve our Product(s) or Service(s). To monitor the usage of our Product(s) or Service(s). To detect, prevent, and address technical issues. Sharing of Information: We may share your information with third parties in the following situations: Service Providers: We may share your information with third-party companies that perform services on our behalf, such as payment processing, data analysis, email delivery, hosting services, and customer service. Compliance with Laws: We may disclose your information where required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). Business Transfers: In the event of a merger, acquisition, or asset sale, your personal information may be transferred. Security of Your Data: We prioritize the security of your data and implement a variety of security measures designed to maintain the safety of your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Your Rights Regarding Your Information: You have the right to access, update, or delete the information we have on you. Whenever possible, you can access, update, or request deletion of your personal information directly within your account settings section. If you are unable to perform these actions yourself, please contact us at [email protected] for assistance. Changes to This Privacy Policy: We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Product(s) or Service(s) prior to the change becoming effective. Contact Us: If you have any questions about this Privacy Policy, please contact us at [email protected]. By using our Product(s) or Service(s), you consent to this Privacy Policy and agree to its terms.
Communication with General Public Using Agentcy LLC Product(s) or Service(s): This section outlines the obligations and guidelines for users utilizing Agentcy LLC Product(s) or Service(s) to communicate with the general public. When engaging in any form of communication, whether by phone, email, text message, or other digital means, through our platform, users must comply with all applicable laws, regulations, and industry standards. This includes, but is not limited to, adherence to the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), Canadian Anti-Spam Legislation (CASL), and all relevant state, provincial, and federal regulations. Agentcy LLC reserves the right to update these guidelines at any time, and users are responsible for regularly reviewing and complying with the most current standards. Any revisions to these guidelines will be effective immediately upon publication on the Agentcy LLC website. Continued use of the Product(s) or Service(s) after such changes signifies your acceptance of the updated terms. By using Agentcy LLC's communication tools, you agree to abide by all relevant regulations and guidelines, as well as Agentcy LLC's policies and terms, including those pertaining to messaging and communication. Failure to comply with these requirements may result in penalties, including but not limited to, suspension or termination of access to Agentcy LLC Product(s) or Service(s).
Content Violation and Messaging Compliance: Violations of carrier policies, such as spam, phishing, SHAFT violations (Sex, Hate, Alcohol, Firearms, Tobacco), or messaging categorized under Severity 0 violations in the CTIA Short Code Monitoring Handbook, may result in a fee of $10,000 per violation after a prior warning. Messaging programs employing filter evasion techniques, such as snowshoeing or recycling numbers to dilute reputation, may incur a fee of $1,000 per violation.
Email Communication Activities (United States): When sending commercial emails through Agentcy LLC Product(s) or Service(s), users must adhere to the provisions of the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM). This law requires that each commercial email sent includes: Accurate and non-misleading header information. The sender's valid physical postal address. Clear and conspicuous identification that the message is an advertisement or solicitation. An explanation on how to opt-out of future communications from the sender. An opt-out mechanism that complies with applicable law and must be honored within ten business days upon receipt.Users are responsible for ensuring compliance with the content prohibitions specified in CAN-SPAM.
Commercial Electronic Messages (Canada): Users engaging in sending commercial electronic messages (CEMs) to or from Canadian computers and devices located in Canada must comply with the Canadian Anti-Spam Law (CASL) and its provisions. A CEM includes emails, text/SMS messages, and other electronic communications that encourage participation in commercial activities. CASL requires obtaining consent before sending CEMs and mandates specific requirements regarding their form, content, and disclosure. For further guidance, consult the CRTC's "Canada's Anti-Spam Legislation" documents.
Data Security: When using Agentcy LLC's Product(s) or Service(s), you must adhere to strict guidelines and legal requirements concerning data management and cybersecurity. The following actions are strictly prohibited: submitting content that contains viruses, Trojan horses, worms, or any other forms of malware; using unauthorized scripting or automation tools; deploying any robot, spider, or other automatic device or manual process to monitor, copy, or "scrape" web pages or the content within the Product(s) without prior written consent from Agentcy LLC; employing any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Product(s); and decompiling, reverse engineering, or disassembling the Product(s) or attempting to do so. Additionally, taking any action that imposes an unreasonable or disproportionately large load on the Product(s) or Agentcy LLC's hardware and software infrastructure, or that of our licensors or suppliers, is strictly prohibited. You agree not to use the Product(s) or Service(s) for any purpose that violates applicable laws or this Acceptable Use Policy.
For international users, engaging with Agentcy LLC requires the transfer of personal and operational data to the United States. By choosing to use our Product(s) or Service(s) and providing us with your information, you explicitly consent to these data transfers. This process is essential for integrating and providing the full range of Agentcy LLC functionalities and services.
You are responsible for uploading, transmitting, storing, and processing data, including personal data and data related to the general public, in compliance with all applicable laws and our Acceptable Use Policy. You must obtain all necessary consents for the lawful collection and sharing of such data with Agentcy LLC.
Your data will be retained only as long as necessary to provide the contracted Product(s) or Service(s) or as required by applicable law. Upon termination of your use of the Product(s) or Service(s), Agentcy LLC will securely delete or anonymize your data, unless you provide written instructions otherwise prior to the termination of the Product(s) or Service(s), and provided no legal obligations require further retention.
By utilizing our Product(s), you grant Agentcy LLC a limited, revocable, non-exclusive, non-transferable license to use your data solely for the purpose of providing and enhancing the Product(s) offered to you. This includes the right to perform data analytics in a manner that does not disclose personal identification information. Your data will not be employed for marketing or promotional activities without your explicit, written consent. Agentcy LLC is committed to safeguarding your data against unauthorized access, use, or disclosure. We employ industry-standard security measures, including secure transmission protocols, encryption, access controls, and regular security assessments, to protect your information. Agentcy LLC will manage your data in full compliance with all applicable data protection and privacy laws and regulations, respecting the legal requirements of the jurisdictions in which the data is processed and stored.
Entire Agreement: This Agreement, including any amendments and documents incorporated by reference, constitutes the full, complete, and exclusive understanding between you and Agentcy LLC regarding the Product(s) or Service(s). It supersedes all prior agreements, discussions, representations, or understandings, whether written or oral, or established by custom, practice, policy, or precedent, concerning the subject matter herein. You may also be subject to additional terms and conditions specific to certain Product(s) or Service(s) as reflected in the applicable addenda or otherwise communicated to you by Agentcy LLC. In the event of any conflict between this Agreement and any other agreement you may have with Agentcy LLC, the terms of that other agreement shall prevail to the extent of the inconsistency, except for any provisions regarding dispute resolution, which shall control in all instances. If you have entered into any separate agreement with Agentcy LLC, such as a Agentcy LLC Agent Agreement, the terms of that agreement may incorporate this Agreement by reference. To the extent the terms of the Agentcy LLC Agent Agreement conflict with this Agreement, the terms of the Agentcy LLC Agent Agreement will govern, except where this Agreement's dispute resolution terms explicitly apply. By accessing, registering for, or using Agentcy LLC's Product(s) or Service(s), you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Agreement, including any incorporated documents, policies, and guidelines, such as the Acceptable Use Policy available at www.RealEst8Agentcy.com/tos. Your continued use of the Product(s) or Service(s) constitutes an ongoing agreement to these Terms and any future modifications. You affirm your legal capacity to enter into this Agreement and acknowledge that this consent is provided either by signing physically or digitally, or through an affirmative action such as clicking "I Agree" on the Agentcy LLC website or application interface. This Agreement also emphasizes your responsibility for complying with all applicable laws, regulations, and the Acceptable Use Policy when using Agentcy LLC's Product(s) or Service(s). You confirm your commitment to legal compliance, indemnification responsibilities, and acknowledge that Agentcy LLC does not provide legal advice. It is your responsibility to seek independent legal advice if needed and to ensure your activities are lawful and in accordance with all relevant policies and agreements. No waiver of any term or condition of this Agreement by Agentcy LLC will be effective unless in writing and signed by an authorized representative of Agentcy LLC. Any failure to enforce a provision or act upon a breach does not constitute a waiver of that provision or the right to act on future breaches. Should any provision of this Agreement be found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to reflect the original intent of the parties as closely as possible in accordance with applicable law, while the remaining provisions continue in full force and effect. This Agreement does not establish any partnership, agency, or employer-employee relationship between you and Agentcy LLC. The rights and obligations under this Agreement are non-transferable by you without the express written consent of Agentcy LLC. Any attempted assignment or transfer in violation of this provision is null and void. Agentcy LLC reserves the right to assign this Agreement, along with its rights and obligations, to any third party without your consent. Such assignment will be binding on all successors and assigns.
Agentcy LLC Services Addendum: This Agentcy LLC Services Addendum ("Agentcy LLC Services Addendum") is hereby incorporated into and is a part of the overall Agreement between you and Agentcy LLC, or any entity that licenses Agentcy LLC’s Product(s) or Service(s) (collectively, "Agentcy LLC"). The terms of this Agentcy LLC Services Addendum supplement the terms of the Agreement with respect to the Agentcy LLC Services (defined below), and in the event any term of this Agentcy LLC Services Addendum directly conflicts with a term of the Agreement, the term contained in this Agentcy LLC Services Addendum will control. The Agentcy LLC Services are offered by Agentcy LLC, and by accessing, downloading, or using any portion of the Agentcy LLC Services, you signify that you accept the terms of this Agentcy LLC Services Addendum as between you and Agentcy LLC.
DEFINITIONS: "Agent" refers to a licensed real estate agent who performs services within the jurisdiction of an entity licensed to use Agentcy LLC’s Product(s) or Service(s). "MLS®" means multiple listing service, which may be utilized by entities that have licensed Agentcy LLC’s Product(s) or Service(s). "Agentcy LLC" encompasses Agentcy LLC, a real estate technology platform headquartered at 2501 Chatham Rd #5304 Springfield, IL 62704, as well as any other entities or organizations that have licensed Agentcy LLC’s Product(s) or Service(s). "Agentcy LLC Agent" refers to an Agent who is employed by or otherwise acts directly on behalf of an entity licensed to use Agentcy LLC’s Product(s) or Service(s) under a written agreement with Agentcy LLC or the licensed entity. This definition excludes Agents who participate in partner programs or use Agentcy LLC’s Product(s) or Service(s) independently of the licensed entity. "Agentcy LLC Client" designates any individual or entity that has entered into an agreement with a Agentcy LLC Agent or a licensed organization for the purpose of listing, selling, or purchasing a property using Agentcy LLC’s Product(s) or Service(s). "Agentcy LLC Partner Program" refers to a program offered by Agentcy LLC for Agents who are not directly employed by or acting on behalf of a licensed entity. "Agentcy LLC Services" refers to the suite of services provided through the Agentcy LLC Sites or via entities that have licensed Agentcy LLC’s Product(s) or Service(s), which are not otherwise covered by separate agreements specific to Agentcy LLC Agents. "Agentcy LLC Sites" means the websites and mobile applications operated by Agentcy LLC or its licensees, including but not limited to Agentcy LLC.com, where services are provided. All other capitalized terms will have the meanings provided elsewhere in this Agentcy LLC Services Addendum or in the Agreement.
Agentcy LLC SERVICES TERMS: Requirements for Becoming a Agentcy LLC Client: To become a Agentcy LLC Client and list or purchase property using the services of a Agentcy LLC Agent, you must enter into a separate agreement (the "Agentcy LLC Agent Agreements") with the licensed entity or Agentcy LLC Agent. The Agentcy LLC Agent Agreements may incorporate the terms of this Agreement by reference. Who May Use the Agentcy LLC Services: To use the Agentcy LLC Services, you must be a resident of a country where Agentcy LLC’s Product(s) or Service(s) are licensed for use, including the United States and Canada. Permissible Use of the Agentcy LLC Services: Except as otherwise permitted under the Agentcy LLC Partner Program, you agree to use the Agentcy LLC Services exclusively for residential real estate transactions conducted by or on behalf of entities licensed to use Agentcy LLC’s Product(s) or Service(s). You agree that any listing information you provide relates to properties that you or your client legally represent. You will not claim ownership rights over any listing information not submitted by you or on behalf of your client. Provision of Services: To access certain features and tools offered by Agentcy LLC or entities licensed to use Agentcy LLC’s Product(s) or Service(s), you may be required to register with Agentcy LLC or the licensed entity. You agree to provide accurate, current, and complete information during registration. The personal information you provide will be protected as described in our Privacy Notice. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur through your account. Agentcy LLC reserves the right to terminate accounts at its sole discretion. Submitting Content to Agentcy LLC Services: Permissible Submissions: You may submit content in accordance with this Agreement, including any relevant guidelines provided by Agentcy LLC or its licensees. Representations: You represent and warrant that (i) all submitted content is original to you and does not infringe on any third-party rights, including intellectual property or privacy rights; (ii) your content does not contain any defamatory, obscene, or otherwise inappropriate material; and (iii) Agentcy LLC’s or its licensee’s use of your content will not violate any rights of third parties. You are solely responsible for your content. Listing Submission Guidelines: Listings must be posted or updated on the Agentcy LLC Services by the owner of the property or by an Agent authorized by a licensed entity. Agentcy LLC or its licensee may require proof of ownership or authorization to post listings. If verification is not possible, Agentcy LLC may remove the listing at its sole discretion.
If you are an Agent submitting a listing to Agentcy LLC Services, you acknowledge and agree that: (a) The property owner has provided consent and authorization to post the listing, and posting does not breach any agreement or legal duty to the owner. (b) Your broker has authorized the submission, and posting does not breach any agreement or legal duty to your broker. (c) You comply with all applicable laws, regulations, and policies, including those enforced by real estate regulatory authorities, MLS® rules, and realtor associations. (d) You will only provide truthful and accurate information and will promptly update or remove listings if the information becomes outdated or inaccurate.
Community Guidelines. All submitted content must comply with this Agreement and the Community Guidelines as interpreted by Agentcy LLC or its licensees. You agree to adhere to these guidelines to maintain a respectful and honest community. Be Respectful: Engage in constructive discussions without personal attacks or defamatory statements. Avoid sensitive topics that may offend others. Be Honest. Share only truthful information and do not misrepresent your identity or affiliations. Reviews must reflect your genuine experience.Submit Only Authorized Content. Do not submit or post content that violates any laws or infringes on intellectual property rights. Only submit listings that you have the right to post. Respect Privacy. Do not share personal or confidential information publicly without consent. This includes communications with administrators and moderators. No Solicitation. Agents are welcome to participate but may not use the platform to advertise their services. Include brokerage details only in authorized fields and avoid embedding marketing content in listings. No Spamming. Do not post unsolicited advertisements, spam, or chain letters. By following these guidelines and terms, you ensure that your use of the Agentcy LLC Services is compliant with all applicable rules and maintains the integrity of the platform and its community.
ADDENDUM WALK SCORE SERVICES: This Walk Score Services Addendum ("Walk Score Services Addendum") is hereby incorporated into and is a part of the overall Agreement between you and Agentcy LLC or any entity that licenses Agentcy LLC’s Product(s) or Service(s) (collectively, "Agentcy LLC"). The terms of this Walk Score Services Addendum supplement the terms of the Agreement with respect to the Walk Score Services (defined below), and in the event any term of this Walk Score Services Addendum directly conflicts with a term of the Agreement, the term contained in this Walk Score Services Addendum will control. The Walk Score Services are offered by Walk Score, and by accessing, downloading, or using any portion of the Walk Score Services, you signify that you accept the terms of this Walk Score Services Addendum as between you and Walk Score.
DEFINITIONS: "Walk Score" means Walk Score Management, LLC. "Walk Score API" means the API as further described on the Walk Score Sites at https://www.walkscore.com/professional/pricing.php. "Walk Score Services" means the Walk Score Sites and the services provided through the Walk Score Sites that are not otherwise covered by any other agreements. "Walk Score Sites" means WalkScore.com and other websites and mobile applications through which Walk Score may offer services. "Walk Score Widget" means the embeddable link that users of the Walk Score Services may use in accordance with this Walk Score Services Addendum and the Agreement. All other capitalized terms will have the meanings as provided elsewhere in this Walk Score Services Addendum or in the Agreement.
WALK SCORE SERVICES TERMS: Premium or Enterprise Subscription Requirements: To procure a Premium or Enterprise Subscription for the Walk Score API or other Walk Score Professional Subscription, you are required to enter into a separate agreement, as further described on the Walk Score Sites at https://www.walkscore.com/professional/pricing.php (the "P/E Agreements"). The P/E Agreements are separate from this Walk Score Services Addendum and the overall Agreement. Who May Use the Walk Score Services: To use the Walk Score Services, you must be a resident of the United States or Canada or an entity licensed to use Agentcy LLC’s Product(s) or Service(s). Provision of Services: To access certain features and tools offered by Walk Score or its service providers in connection with the Walk Score Services, you may need to register with Walk Score or its service providers. To access or use certain features of the Walk Score Services, you must first request a valid Walk Score I.D. ("WSID") for the Walk Score Widget or a valid Walk Score API Key ("WSAPIKEY"), as applicable. Except for initial requests for a valid WSID or WSAPIKEY, all data requests sent to Walk Score must reference your valid WSID or WSAPIKEY. You agree to provide accurate, current, and complete information to Walk Score. The personal information you provide in connection with the Walk Score Services will be protected as described in our Privacy Notice. You are responsible for all activities that occur through your account and password related to the Walk Score Services. You agree to keep your password confidential, not use others' accounts, nor allow others to use your account. The WSID and WSAPIKEY are personal to you, and any individuals or entities who wish to access and use the Walk Score Services must obtain their own licenses and keys. We reserve the right to terminate or suspend any account, WSID, or WSAPIKEY at our sole discretion. License: Subject to your compliance with the terms of this Walk Score Services Addendum and the Walk Score Trademark Guidelines, Walk Score grants you a non-exclusive, revocable, non-sublicensable, non-transferable license to display Walk Score Services and to embed the Walk Score Widget on websites and mobile applications, and to reproduce and display the Walk Score name and logo solely in connection with such display and embedding. This limited license is granted to you subject to signing up through the Walk Score Sites and agreeing to the following: You shall not use in your URLs nor purchase or register in any registrar, search engine, referral, or advertising service (such as Google's AdWords) any of the following terms: "Walk Score," "walkscore," "walking score," "walkability score," "Transit Score," "transitscore," "transportation score," "Commute Score," "commutescore," "Bike Score," "bikescore," "biking score," or "bikeability score." You shall not use Walk Score Services for any purpose not expressly authorized by this Walk Score Services Addendum, without Walk Score's prior written consent. You shall not use Walk Score Services in any way that is unlawful, or that harms Walk Score, its service providers, its suppliers, your end users, or any other person. You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of Walk Score, Transit Score, Bike Score, Travel Time, Score Details, or Walk Score Services. You shall not provide a means to execute any "bulk download" operations; cache or otherwise store any Walk Score content including, without limitation, Walk Score, Bike Score, and Transit Score ratings; and/or modify any Walk Score content, without Walk Score's prior written consent. You shall limit your use of the Walk Score Services to one thousand (1,000) views of the Walk Score Widget per day and five thousand (5,000) calls to the Walk Score API per day. Higher daily limits are available under the P/E Agreements. All rights not expressly granted to you under the Agreement or this Walk Score Services Addendum are reserved by Walk Score.
Branding and Linking Requirements: Walk Score Widget: You agree not to modify the Walk Score Widget in any way except via approved parameters as documented on the Walk Score Widget documentation page. You agree to display the full Walk Score Widget on your website and not to remove, obscure, or modify any portion of the Walk Score Widget with other website elements. Walk Score APIs (including the Walk Score API, Bike Score API, Score Details API, Transit Score API, Public Transit API, and Travel Time API). You agree to follow the branding and linking requirements detailed online at https://www.walkscore.com/professional/branding-requirements.php. In addition, each Walk Score, Bike Score, Travel Time, Score Details, and Transit Score you display must include a hyperlink to the correlating address-specific page on WalkScore.com using the URL provided by the API. Termination. Any termination of the Agreement or this Walk Score Services Addendum shall also immediately terminate the licenses granted to you hereunder. Upon any termination of the Agreement or this Walk Score Services Addendum, you shall promptly delete and remove all calls and references to the Walk Score Services from all webpages, scripts, widgets, applications, and other software in your possession or under your control. Limited Relationship. Walk Score and you are, and shall remain, independent contractors, and nothing in the Agreement or this Walk Score Services Addendum shall be construed as creating an employer-employee relationship, principal-agent relationship, partnership, or joint venture. Although you are permitted to publicize your use of Walk Score Services subject to the terms herein, you agree not to make any other statements, without the prior written consent of Walk Score, implying a different kind of relationship between you and Walk Score including any implied endorsement of your content, products, or services by Walk Score. By adhering to the terms outlined in this Walk Score Services Addendum, you help maintain a transparent and respectful relationship with Walk Score and ensure compliance with the usage policies set forth by Walk Score and Agentcy LLC.
REALTOR®: REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR®
ADDENDUM SUPRMORTGAGE SERVICES: This Agentcy LLC Mortgage Services Addendum ("Mortgage Services Addendum") is hereby incorporated into and is a part of the overall Agreement between you and Agentcy LLC or any entity that licenses Agentcy LLC’s Product(s) or Service(s) (collectively, "Agentcy LLC"). The terms of this Mortgage Services Addendum supplement the terms of the Agreement with respect to the SuprMortgage Services (defined below), and in the event any term of this Mortgage Services Addendum directly conflicts with a term of the Agreement, the term contained in this Mortgage Services Addendum will control. The SuprMortgage Services are offered by SuprMortgage, and by accessing, downloading, or using any portion of the SuprMortgage Services, you signify that you accept the terms of this Mortgage Services Addendum as between you and SuprMortgage.
DEFINITIONS: "SuprMortgage" means SuprMortgage LLC, a subsidiary or affiliated company of Agentcy LLC. "SuprMortgage Services" means the SuprMortgage Sites and the loan services, and any other services provided by or for SuprMortgage through the SuprMortgageSites, that are not otherwise covered by the Financial Agreements. "SuprMortgage Sites" means Agentcy LLCMortgage.com and other websites and mobile applications through which SuprMortgage may offer services. All other capitalized terms will have the meanings as provided elsewhere in this Mortgage Services Addendum or in the Agreement.
SUPRMORTGAGE SERVICES TERMS: Separate Financial Agreements. To procure a mortgage or other loan from SuprMortgage, you are required to enter into a separate agreement or agreements (the "Financial Agreements"). The Financial Agreements are separate from this Mortgage Services Addendum and the overall Agreement and are not covered here. Eligibility to Use the SuprMortgage Services. To use the SuprMortgage Services, you must be a resident of the United States or an entity authorized to operate within the United States. Provision of Services. To access certain features and tools offered by SuprMortgage or its service providers in connection with the SuprMortgage Services, you may need to register with SuprMortgage or its service providers. You agree to provide accurate, true, current, and complete information to SuprMortgage. The information you provide in connection with the SuprMortgage Services will be protected as described in our Privacy Notice and Consumer Privacy Notice. You are responsible for all activities related to the SuprMortgage Services that occur through your account and password. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. SuprMortgage reserves the right to terminate accounts at its sole discretion. General and Legal Notices. For all general and legal inquiries or notices, you may contact us via email at [email protected] or send correspondence via mail or courier to our current address as indicated on the SuprMortgage Sites. By adhering to the terms outlined in this Mortgage Services Addendum, you agree to maintain compliance with all usage policies set forth by Agentcy LLC and SuprMortgage and acknowledge the distinct terms that govern your relationship with SuprMortgage, separate from other Agentcy LLC services or products.
ADDENDUM SUPRTITLE SERVICES: This SuprTitle Services Addendum ("SuprTitle Services Addendum") is hereby incorporated into and is a part of the overall Agreement between you and Agentcy LLC or any entity that licenses Agentcy LLC’s Product(s) or Service(s) (collectively, "Agentcy LLC"). The terms of this SuprTitle Services Addendum supplement the terms of the Agreement with respect to the SuprTitle Services (defined below) and in the event any term of this SuprTitle Services Addendum directly conflicts with a term of the Agreement, the term contained in this SuprTitle Services Addendum will control. The SuprTitle Services are offered by SuprTitle, and by accessing, downloading, or using any portion of the SuprTitle Services, you signify that you accept the terms of this SuprTitle Services Addendum as between you and SuprTitle.
DEFINITIONS: "ATN" means ATN. "ATN Service" means the quotation calculator on the SuprTitle Site that provides recording fee and transfer tax estimates based on data supplied by ATN, along with all content contained on, or accessible via, the SuprTitle Sites. "SuprTitle" means SuprTitle, a subsidiary or affiliated company of Agentcy LLC. "SuprTitle Services" means the SuprTitle Sites and the services provided through the SuprTitle Sites that are not covered by the Insurance and Title Agreements. "SuprTitle Sites" means SuprTitle.com and other websites and mobile applications through which SuprTitle may offer services. All other capitalized terms will have the meaning as provided elsewhere in this SuprTitle Services Addendum or in the Agreement.
SUPRTITLE SERVICES TERMS: Separate Insurance and Title Agreements. To procure title insurance from SuprTitle or have SuprTitle act as a title company for you, you are required to enter into a separate agreement with SuprTitle (the "Insurance and Title Agreements"). The Insurance and Title Agreements are not covered here or by the Agreement. Eligibility to Use the SuprTitle Services. To use the SuprTitle Services, you must be a resident of the United States. Provision of Services. To access certain features and tools offered by SuprTitle or its service providers in connection with the SuprTitle Services, you may need to register with SuprTitle or its service providers. You agree to provide accurate, true, current, and complete information to SuprTitle. The information you provide in connection with the SuprTitle Services will be protected as described in our Privacy Notice. You are responsible for all activities related to the SuprTitle Services that occur through your account and password. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. SuprTitle reserves the right to terminate accounts at its sole discretion.
Disclaimer. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, NOR ARE WE LIABLE, IN CONNECTION WITH YOUR USE OF SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, ATN AND ANY OTHER SERVICE PROVIDERS.
General and Legal Notices. You may contact us at [email protected] or via mail or courier to our current address as indicated on the SuprTitle Site.
ATN Service Terms and Disclaimers: By accessing the ATN Service you hereby acknowledge and agree that: You will not, and will not knowingly assist any third party to: (i) modify or create derivative works of the ATN Service, or copy, modify, aggregate, harvest data from, or make any derivative works based upon the ATN Service, including, without limitation, to create a database, directory, or mailing list with such data, (ii) reverse engineer, decrypt, disassemble, or decompile any object code or algorithms of all or any part of the ATN Service, (iii) license, sublicense, sell, resell, transfer, or assign the ATN Service to any third party, (iv) remove, obscure, deface, or otherwise interfere with any proprietary or restrictive notice or legend contained or included on the ATN Service, (v) impair the functionality or the security of the ATN Service or any other ATN product or service, (vi) use the ATN Service for any other purpose, including, without limitation, to commercially exploit the ATN Service or to build a competitive product or service, or (vii) use the ATN Service in violation of this Section, the Agreement, or any applicable terms presented by ATN, or in violation of any applicable local, state, national, or foreign laws, treaties, rules, or regulations. Without limiting the foregoing restrictions, data obtained from the ATN Service is solely intended for your use for: (i) purposes of preparing for or completing closing disclosure or related closing documents in connection with the settlement of a residential real estate transaction; or (ii) obtaining preliminary ("pre-qual") fee estimates. You shall not otherwise use or knowingly allow the ATN Service to be used for any purpose, including without limitation use by lenders or mortgage originators for the purpose of estimating recording fees and transfer taxes on a closing disclosure form or other type of closing cost estimate or closing cost calculator during the loan origination or closing process. You are responsible for all activity occurring through your access or use of the ATN Service via the SuprTitle Sites.
ATN AND SUPRTITLE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE ATN SERVICE. THE ATN SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY ATN AND SUPRTITLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE ATN SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND NEITHER CLOSINGCORP NOR SUPRTITLE SHALL BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL ATN OR SUPRTITLE BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, USE, OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE ATN SERVICE (INCLUDING ERRORS OR OMISSIONS) EVEN IF ATN AND/OR SUPRTITLE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This addendum ensures that users engaging with SuprTitle and its related services are aware of and agree to the specific terms governing their use, especially concerning the specialized services like the ATN Service.
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No guarantee, warranty, or representation of any kind is made regarding the completeness or accuracy of descriptions or measurements (including square footage and property condition). Such information should be independently verified, and Agentcy expressly disclaims any liability in connection therewith. No financial or legal advice is provided.
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Copyright: © 2024 Agentcy. All rights reserved.Updated January 2023: By searching, you agree to the Terms of Use, and Privacy Policy.Do not sell or share my personal information.Agentcy and all Agentcy variants, and the A logos, are trademarks of Agentcy, registered or pending in the USPTO.Agentcy is licensed to do business in Illinois as Agentcy.If you are using a screen reader, or having trouble reading this website, please call Agentcy Support for help at +1 (877) 558-3788.Agentcy does not discriminate against voucher holders pursuant to applicable law and all lawful sources of income are accepted.
Agentcy employs cookies and similar technologies to deliver ads that are more relevant and personalized to our users' interests and browsing behaviors.We value our users' privacy and offer the option to opt-out of using their Personal Information for specific advertising purposes.To opt-out of our use of Personal Information for targeted advertising,please contact Agentcy at [email protected] No guarantee, warranty, or representation of any kind is made regarding the completeness or accuracy of descriptions or measurements (including square footage and property condition). Such information should be independently verified, and Agentcy expressly disclaims any liability in connection therewith.No financial or legal advice is provided.
AGENTCY IS COMMITTED TO AND ABIDES BY THE FAIR HOUSING ACT AND EQUAL OPPORTUNITY ACT. READ AGENTCY'S FAIR HOUSING POLICY.