Agent Inner Circle is a networking service that allows real estate agents nationwide to share valuable tips and
strategies with one another. The services offered through Agent Inner Circle ("Agent Inner Circle", "we", "us", or
"our") include the AgentInnerCircle.com website (the "Agent Inner Circle Website") and any other features, content,
or applications offered from time to time by Agent Inner Circle in connection with the Agent Inner Circle Website
(collectively, the "Agent Inner Circle Services"). The Agent Inner Circle Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Agent Inner
Circle Services. By using the Agent Inner Circle Services, you agree to be bound by this Agreement, whether you are
a "Visitor" (which means that you simply browse the Agent Inner Circle Website) or you are a "Member" (which means
that you have registered with Agent Inner Circle). The term "User" or "you" refers to a Visitor or a Member. You are
only authorized to use the Agent Inner Circle Services (regardless of whether your access or use is intended) if you
agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If
you do not agree with it, you should leave the Agent Inner Circle Website and discontinue use of the Agent Inner
Circle Services immediately. If you wish to become a Member, communicate with other Members and make use of the Agent
Inner Circle Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Agent Inner Circle's policy for acceptable use of the Agent Inner Circle Services and
Content (as defined below) posted on the Agent Inner Circle Website, your rights, obligations and restrictions
regarding your use of the Agent Inner Circle Services and Agent Inner Circle’s Privacy Policy. In order to
participate in certain Agent Inner Circle Services, you may be notified that you are required to download software
or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and
conditions applicable to the Agent Inner Circle Services in which you choose to participate, those additional terms
are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at:
support@agentinnercircle.com, Subject: Terms of Use Agreement.
Agent Inner Circle may modify this Agreement from time to time and such modification shall be effective upon
posting by Agent Inner Circle on the Agent Inner Circle Website. You agree to be bound to any changes to this
Agreement when you use the Agent Inner Circle Services after any such modification is posted. It is therefore
important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Agent Inner Circle and that you provide to other Users. Your
Agent Inner Circle profile may not include the following items: telephone numbers, street addresses, last names, and
any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided by other Agent Inner Circle Members
(for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and Agent Inner Circle assumes no responsibility or liability for this material. If you become
aware of misuse of the Agent Inner Circle Services by any person, please contact Agent Inner Circle.
Agent Inner Circle reserves the right, in its sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the
Agent Inner Circle Services at any time, for any or no reason, with or without prior notice, and without
liability.
- Eligibility. Use of and Membership in the Agent Inner Circle Services is void where
prohibited. By using the Agent Inner Circle Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you
are 14 years of age or older; and (d) your use of the Agent Inner Circle Services does not violate any applicable
law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we
believe that you are under 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the Agent Inner
Circle Services or are a Member. You may terminate your Membership at any time, for any reason, by following the
instructions on the Member's account page. Agent Inner Circle may terminate your Membership at any time, without
warning or notice. Even after Membership is terminated, this Agreement will remain in effect, including sections
5-17.
- Fees. You acknowledge that Agent Inner Circle reserves the right to charge for the Agent
Inner Circle Services and to change its fees from time to time in its discretion. If Agent Inner Circle
terminates your Membership because you have breached the Agreement, you may not be entitled to the refund of any
unused portion of subscription fees.
- Password. When you sign up to become a Member, you may also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the
account, username, or password of another Member at any time or to disclose your password to any third party. You
agree to notify Agent Inner Circle immediately if you suspect any unauthorized use of your account or access to
your password. You are solely responsible for any and all use of your account.
- Non-commercial Use by Members. The Agent Inner Circle Services are for the personal use of
Members only and may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by Agent Inner Circle. Illegal and/or unauthorized use of the Agent Inner Circle Services,
including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the Agent Inner Circle Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles
without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for
any illegal or unauthorized use of the Agent Inner Circle Services.
- Proprietary Rights in Content.
- Agent Inner Circle does not claim any ownership rights in the text, files, images, photos, video,
sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you
post to the Agent Inner Circle Services. After posting your Content to the Agent Inner Circle Services,
you continue to retain all ownership rights in such Content, and you continue to have the right to use
your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the
Agent Inner Circle Services, you hereby grant to Agent Inner Circle a limited license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content in any manner selected by
Agent Inner Circle.
- You represent and warrant that: (i) you own the Content posted by you on or through the Agent Inner
Circle Services or otherwise have the right to grant the license set forth in this section, and (ii) the
posting of your Content on or through the Agent Inner Circle Services does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all
royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through
the Agent Inner Circle Services.
- The Agent Inner Circle Services contain Content of Agent Inner Circle ("Agent Inner Circle Content").
Agent Inner Circle Content is protected by copyright, trademark, patent, trade secret and other laws, and
Agent Inner Circle owns and retains all rights in the Agent Inner Circle Content and the Agent Inner Circle
Services. Agent Inner Circle hereby grants you a limited, revocable, nonsublicensable license to reproduce
and display the Agent Inner Circle Content (excluding any software code) solely for your personal use in
connection with viewing the Agent Inner Circle Website and using the Agent Inner Circle Services.
- The Agent Inner Circle Services contain Content of Users and other Agent Inner Circle licensors. Except
for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the Agent Inner Circle Services.
- Content Posted.
- Agent Inner Circle may delete any Content that in the sole judgment of Agent Inner Circle violates this
Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any
person. Agent Inner Circle assumes no responsibility for monitoring the Agent Inner Circle Services for
inappropriate Content or conduct. If at any time Agent Inner Circle chooses, in its sole discretion, to
monitor the Agent Inner Circle Services, Agent Inner Circle nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the Agent Inner Circle
Services, and any material or information that you transmit to other Members and for your interactions with
other Users. Agent Inner Circle does not endorse and has no control over the Content. Content is not
necessarily reviewed by Agent Inner Circle prior to posting and does not necessarily reflect the opinions or
policies of Agent Inner Circle. Agent Inner Circle makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or information that you transmit to other
Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is
illegal or prohibited to post on or through the Agent Inner Circle Services. Agent Inner Circle reserves the right
to investigate and take appropriate legal action against anyone who, in Agent Inner Circle's sole discretion,
violates this provision, including without limitation, removing the offending communication from the Agent Inner
Circle Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of Agent Inner Circle:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging,
"spimming", or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from
another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about
illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Agent Inner Circle
Website and through your use of the Agent Inner Circle Services. Agent Inner Circle reserves the right to investigate
and take appropriate legal action against anyone who, in Agent Inner Circle’s sole discretion, violates this
provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes,
but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Agent
Inner Circle Services. You may not transmit any chain letters or junk email to other Members. It is also a
violation of these rules to use any information obtained from the Agent Inner Circle Services in order to
contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to
protect our Members from such advertising or solicitation, Agent Inner Circle reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour period to a number which Agent
Inner Circle deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk
email, instant messages or other unsolicited communications of any kind through the Agent Inner Circle Services,
you acknowledge that you will have caused substantial harm to Agent Inner Circle, but that the amount of such
harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Agent
Inner Circle $50 for each such unsolicited email or other unsolicited communication you send through the Agent
Inner Circle Services;
- covering or obscuring the banner advertisements on your personal profile page, or any Agent Inner Circle
page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Agent Inner Circle Services or the networks
or services connected to the Agent Inner Circle Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your Agent Inner Circle Player and embedding it into other profiles
or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to any
third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Agent Inner Circle Services in order to harass, abuse, or harm
another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person
in exchange for your performing any commercial activity on or through the Agent Inner Circle Services on behalf
of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial
purpose, or sending private messages with a commercial purpose; or
- using the Agent Inner Circle Services in a manner inconsistent with any and all applicable laws and
regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent
of the owner of such proprietary rights. It is the policy of Agent Inner Circle to terminate Membership privileges
of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Agent
Inner Circle by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Agent Inner Circle Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that
you claim is infringing is located on the Agent Inner Circle Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf. Agent Inner Circle's Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent, Agent Inner Circle, L.L.C., 2460 N. Pantano Road, Tucson, AZ 85750; and email:
support@agentinnercircle.com.
- Member Disputes. You are solely responsible for your interactions with other Agent Inner Circle
Members. Agent Inner Circle reserves the right, but has no obligation, to monitor disputes between you and other
Members.
- Privacy. Use of the Agent Inner Circle Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
- Disclaimers. Agent Inner Circle is not responsible for any incorrect or inaccurate Content posted
on the Agent Inner Circle Website or in connection with the Agent Inner Circle Services, whether caused by Users of the
Agent Inner Circle Services or by any of the equipment or programming associated with or utilized in the Agent Inner
Circle Services. Profiles created and posted by Members on the Agent Inner Circle Website may contain links to other
websites. Agent Inner Circle is not responsible for the Content, accuracy or opinions expressed on such websites, and
such websites are in no way investigated, monitored or checked for accuracy or completeness by Agent Inner Circle.
Inclusion of any linked website on the Agent Inner Circle Services does not imply approval or endorsement of the linked
website by Agent Inner Circle. When you access these third-party sites, you do so at your own risk. Agent Inner Circle
takes no responsibility for third party advertisements which are posted on the Agent Inner Circle Website or through the
Agent Inner Circle Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Agent Inner Circle is not responsible for the conduct, whether online or offline, of any User of the Agent Inner Circle
Services. Agent Inner Circle assumes no responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of,
any User or Member communication. Agent Inner Circle is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any
email or players due to technical problems or traffic congestion on the Internet or on any of the Agent Inner Circle
Services or combination thereof, including any injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection with the Agent Inner Circle Services. Under no
circumstances shall Agent Inner Circle be responsible for any loss or damage, including personal injury or death,
resulting from use of the Agent Inner Circle Services, attendance at a Agent Inner Circle event, from any Content posted
on or through the Agent Inner Circle Services, or from the conduct of any Users of the Agent Inner Circle Services,
whether online or offline. The Agent Inner Circle Services are provided "AS-IS" and as available and Agent Inner Circle
expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Agent Inner Circle cannot
guarantee and does not promise any specific results from use of the Agent Inner Circle Services.
- Limitation on Liability. IN NO EVENT SHALL AGENT INNER CIRCLE BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF AGENT INNER CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AGENT INNER CIRCLE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO AGENT INNER
CIRCLE FOR THE AGENT INNER CIRCLE SERVICES DURING THE TERM OF MEMBERSHIP.
- U.S. Export Controls. Software available in connection with the Agent Inner Circle Services (the
"Software") is further subject to United States export controls. No Software may be downloaded from the Agent Inner Circle
Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at
your sole risk.
- Disputes. If there is any dispute about or involving the Agent Inner Circle Services, you agree that
the dispute shall be governed by the laws of the State of Arizona, USA, without regard to conflict of law provisions and
you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the
State of Arizona, City of Tucson. Either Agent Inner Circle or you may demand that any dispute between Agent Inner Circle
and you about or involving the Agent Inner Circle Services must be settled by arbitration utilizing the dispute resolution
procedures of the American Arbitration Association (AAA) in Tucson, Arizona, USA, provided that the foregoing shall not
prevent Agent Inner Circle from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Agent Inner Circle, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of your use of the Agent Inner Circle Services
in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on the Agent Inner Circle Website or through the Agent
Inner Circle Services causes Agent Inner Circle to be liable to another.
- Other. This Agreement is accepted upon your use of the Agent Inner Circle Website or any of the Agent
Inner Circle Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement
between you and Agent Inner Circle regarding the use of the Agent Inner Circle Services. The failure of Agent Inner Circle
to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. Agent Inner Circle
is a trademark of Agent Inner Circle, L.L.C. This Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
Please contact us at: support@agentinnercircle.com with any questions
regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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