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Terms of Service
Last revised on: January 26, 2016
1. ACCEPTANCE OF THE TERMS
By accessing or using the Service, you acknowledge that you have read and accept these Terms. If at anytime you do not agree with anything in these Terms, you should not access the Service and should immediately discontinue using the Service. Access to and use of the Service, including its features, content, software, functionality, and access to and use of the user interface and the website(s) associated with the Service (such as agenis.com) is provided by Agenis subject to these Terms. You may only use the Service in compliance with these Terms and only if you are legally capable of forming a contract with Agenis.
2. CHANGES TO THE TERMS
Agenis reserves the right to add, delete, or modify any term or condition in these Terms at any time and in its sole discretion. If we make a change to these Terms, we will notify you by posting a change notice via our website or the Service. In the event we determine that a change is substantive, you may be notified of the change by email. If any modification we make to these Terms is unacceptable to you, you should immediately stop using the Service. Your continued use of the Service following notice of a change in the Terms will constitute your binding acceptance of the changes.
3. USE OF THE SERVICE
Agenis hereby grants you a non-transferable, non-exclusive license to use, access, and privately display the Service on your personal Internet-enabled device(s) subject to these Terms and only for your personal use. You may not transfer this license to any person or entity without our prior written consent. If you are an Agent, please see Section 9 for Agent specific use and access rights and obligations.
3.2 Permissible Uses
You may only access the Service and use the Service for lawful purposes. Further, you agree that you will not do any of the following:
(i) Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor any portion the Service without our prior written consent, which consent may be withheld for any reason;
(ii) Use the Service in any manner that could damage, disable, overburden, disrupt or impair any Agenis server, the networks connected to any Agenis server, or interfere with anyone else’s use and enjoyment of the Service;
(iii) Disobey any applicable policies or regulations of networks connected to the Service;
(iv) Modify, adapt, translate or reverse engineer the Service;
(v) Frame or reformat the Service in any way;
(vi) Collect information about any third parties by using the Service; or
(vii) Register as an Agent or Registered User (as defined below) using any automated means or under false pretenses.
3.3 Ownership of Service
Agenis solely and exclusively owns all intellectual property and other rights, title, and interest in and to the Service or is using such rights with permission. You will not acquire any right, title, or interest to the Service or to any intellectual property owned by us by virtue of using the Service, except as otherwise specified in these Terms. We reserve all rights not expressly granted in these Terms. Any violation of this requirement may result in copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
3.4 User Content
The Service allows you to post content, material, and information to the Service using features available via the Service. Anything that you post or otherwise make available on the Service is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to the Service or while using the Service. You hereby represent and warrant that you (i) own all rights, title, and interest in and to any and all User Content you submit, or are otherwise authorized to grant the rights provided to us under these Terms, (ii) have written consent, release, and/or permission to use the name, likeness, and information of each and every identifiable person referred to in your User Content; and (iii) will not submit any User Content that does not fully comply with these Terms or other policies posted by Agenis. By submitting User Content on the Service, you grant Agenis a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to Agenis to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Service and any related website for the purpose of promoting, operating, developing, and providing the Service. Nothing in these Terms shall restrict other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our other posted policies.
By sending or submitting messages to Agenis about the Service, including but not limited to images, feedback, suggestions, ideas, or any other commentary you have generated (“Feedback”), you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, prepare derivative works of, or incorporate the Feedback into other works, the Service, or any other related website.
4. USER REGISTRATION
4.1 Account Creation
In order to access and use certain features of the Service, including but not limited to submitting requests for proposals from Agents and reviewing any proposals received from Agents, you will be asked to become a registered user (“Registered User”) by creating an account (“Account”) with us. All Registered Users must provide us with certain information about themselves prior to creating an Account using our account registration process. If you are a Registered User who is an Agent, additional information may be required from you during Account creation. More information on Agent rights and responsibilities can be found in Section 7.
4.2 Account Maintenance and Security
As a Registered User, you must keep your Account information complete, accurate, and current at all times. You agree to maintain the security of your Account information and that you are responsible for all activity in connection with your Account. In the event you become aware of any unauthorized use of your Account or you suspect unauthorized use of your Account, you agree to immediately notify us. Further, in connection with any payments you may wish to submit through the Service, you warrant that your use of a particular credit or debit card is authorized and that all information you provide to us, or any designated third party payment processor, is true and accurate. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
As a Registered User, you will be able to submit a request for a proposal for real estate services within your geographic area (a “Proposal”). You are not bound to accept any of the Proposals submitted by an Agent. You understand and acknowledge that by submitting a request for a proposal you are not guaranteed to receive any Proposals. Should you receive a Proposal, you understand that a Proposal is not a binding offer and is not intended to create a contractual or agency relationship between you and any Agent. You further acknowledge that a Proposal may not result in a better offer than you may have previously received through the Service or from any other third party.
AGENIS PROVIDES THE SERVICE ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY RELATED WEBSITE WILL BE UNINTERRUPTED, WILL BE FREE OF INACCURACIES OR ERRORS, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
6. RELATIONSHIP WITH AGENTS; RELEASE
The Service only provides connections between and basic information about you and any potential Agent and as such, Agenis does not endorse or recommend the products or services of any particular Agent. You should rely on your own judgment in deciding which Agent best suits your needs, which should include confirming the status of the Agent as a licensed professional. Further, if you opt to continue discussions with an Agent, you acknowledge that any relationship between you and the Agent will be consummated outside of the Service, with the Service only serving as a connection tool. The Agent you select to work with is solely responsible for his or her service to you, and you agree that Agenis will not be liable for any loss or damage arising from your relationship or any interaction with any Agent. If there is any dispute between you and an Agent, we are under no obligation to become involved.
You understand that any Agent that submits a Proposal to you may keep your information and any other information provided by Agenis or received by them in the processing of your request for a Proposal, whether or not you begin a relationship with the Agent. You agree to notify an Agent directly if you no longer want to receive communications from them.
THE AGENT THAT YOU CHOOSE TO WORK WITH, IF ANY, IS SOLELY RESPONSIBLE FOR PROVIDING THE AGREED UPON SERVICE TO YOU, AND YOU HEREBY RELEASE AND FOREVER DISCHARGE AGENIS AND ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, OR CONTROVERSY OF EVERY KIND AND NATURE, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT HAS ARISEN OR MAY ARISE DIRECTLY OR INDIRECTLY OUT OF OR RELATED DIRECTLY OR INDIRECTLY TO ANY INTERACTION WITH, OR ACT OR OMISSION OF, ANY AGENT OR OTHER SERVICE PARTICIPANT.
7. AGENT SPECIFIC TERMS
This Section 7 applies to any Registered User who registers as an Agent. If you register as an Agent, you hereby warrant and represent you are duly licensed and able to render the offered service and that you have complied with all applicable laws and rules regulating the provision of real estate and broker services in the applicable geographic area.
7.2. Service Level Agreement
If you are an Agent, you will make best efforts to follow up on all requests for Proposals sent through the Service. In addition, you agree to respond to each request for Proposal within 24 hours, or notify Agenis within that timeframe that you will not be able to respond to a request for Proposal within that timeframe. You may not redistribute or resell any request for Proposal without prior written permission from Agenis. Further, you acknowledge and understand that not all requests for Proposal will result in any benefit to you as an Agent, and that ongoing cultivation of and relationship building with other Registered Users may be required. Last, you acknowledge that there is no guaranteed minimum number of requests for Proposal that you will receive as an Agent and you may not receive any requests at all.
7.3 Subscription Fees
By creating an Agent account and requesting access to paid components of the Service (a “Subscription”), you agree to pay for all Subscription fees and charges on a designated, recurring cycle. All such fees and charges (including any taxes and late fees, as applicable) will be charged to a credit card you provide to us or other payment method arranged during your registration with the Service. If you pay for the Service using a credit card, you agree to maintain valid credit card information in your Account information at all times. By submitting your credit card information to us, you are authorizing us to charge your credit card the fees associated with the plan you have selected. Agenis will encrypt any credit card information you provide for secure collection and transmission.
You may cancel your Subscription at any time. Please note that you must cancel your Subscription before it renews for a subsequent month in order to avoid being charged for the next month's Subscription fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current monthly Subscription period.
Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for Subscriptions that are cancelled mid-cycle. In the event that you opt to cancel your Subscription mid-cycle, you will continue to have access to your Subscription until the end of the then-current monthly billing cycle.
8. LIMITATION OF LIABILITY
AGENIS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE CLAIM, WHICHEVER IS LESS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
You agree to indemnify and hold us and our officers, employees, agents, successors, and assigns (the “Indemified Parties”) harmless from any damage, loss, or expense, including without limitation, attorneys’ fees and costs, incurred in connection with any third party claim, demand, or action (“Claim”) brought against any of the Indemnified Parties alleging that you have breached any provision of these Terms through any act or omission. If you must indemnify us, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
10.1 Access Limitation; Cancellation by Agenis
In our sole discretion, with or without notice to you, we may (i) suspend, limit your access to, or terminate your use of the Service, (ii) suspend, limit your access to, or terminate your Account, and (iii) prohibit you from using the Service. Notwithstanding this section, these Terms will survive indefinitely unless and until we choose to terminate these Terms.
10.2 Registered User Account Cancellation
If you are a Registered User, you may cancel your Account for any reason at any time by following the account termination procedures on your Account settings page while logged in to the Service. In the event your account has access to paid components of the Service, please see Section 7, above, for more information. Notwithstanding this Section 10, these Terms will survive indefinitely unless and until we choose to terminate these Terms.
All notices required or permitted under these Terms will be in writing and delivered to the other party as follows:
To provide notice to us, you must use the following address: Agenis, Inc., 1201 Pacific Ave, Suite 600, Tacoma, WA 98402. If we provide notice to you, we will use the email address associated with your Account.
All notices provided to us will be deemed received (i) if by delivery by U.S. mail, two (2) business days after dispatch and (ii) if by overnight courier, on the date receipt is confirmed by such courier service.
All notices to you shall be deemed received when sent by email.
If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
12. THIRD PARTY SERVICES
Agenis may use third parties to provide certain services accessible through the Service (such as payment processing) or provide links to third party services. We do not control these third parties or the service provided, and you agree that we will not be liable to you in any way for your use of such service or any charges incurred by you while using such service. Third parties may have their own terms of service and other policies. When you use any such third party service, you must comply with their terms and policies, as well as these Terms. You should make whatever inquiry you believe necessary and appropriate before proceeding with any transaction in connection with any third party service.
Agenis and the Agenis logo are trademarks of Agenis, Inc., and may not be copied, imitated, transmitted, or used, in whole or in part, without our prior written permission. Other trademarks and company names used on the Service or in connection with the Service are used with permission and may be trademarks of their respective owners.
14. DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The parties to these Terms agree that the non-prevailing party to any arbitration shall pay any costs related to arbitration, including arbitrators’ fees and administration costs, and reasonable attorney’s fees. Judgment on any award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, claims of infringement or misappropriation of another party’s patent, copyright, trademark, or trade secret shall not be subject to this agreement to arbitrate. Such claims shall be brought exclusively in the state or federal courts of King County, Washington. Additionally, notwithstanding this agreement to arbitrate, the parties shall not be precluded from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
14.2 Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND AGENIS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF AN ACTION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
14.3 Right to Opt Out of Class Action Waiver and Binding Arbitration
If you do not wish to be bound by the class action waiver or individual arbitration provisions in this section, you must notify Agenis in writing within 30 days of the date that you accept these terms, unless the law requires a longer period.
Your written notification must be sent to Agenis, Inc., Attn: Legal, 1201 Pacific Ave, Suite 600, Tacoma, WA 98402, with “Arbitration” as the subject line and must include (i) your name, (ii) your address, (iii) the phone number included in your Account, and (iv) a clear statement that you do not wish to resolve disputes with Agenis through individual arbitration.
15. COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In appropriate circumstances and at Agenis’ discretion, Agenis may terminate your Account if you become a repeat copyright infringer. If you believe in good faith that any content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details).
Currently, an effective notice must contain the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Service; (iii) identification of the claimed infringing material or subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your address, telephone number, and, if available, your email address; (v) a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter notices with respect to the Service should be sent to Agenis, Inc., 1201 Pacific Ave, Suite 600, Tacoma, WA 98402 or to firstname.lastname@example.org.
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles. These Terms (including all of the policies and other Agreements described in these Terms, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise of any such right. You and Agenis are independent entities, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. The headings used throughout these Terms are merely descriptive and are therefore not operative and have no legal or contractual effect.
17. MODIFICATION OF SERVICE
We reserve the right to modify, restrict access to, or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
18. COMMENTS AND QUESTIONS
If you have any comments or questions, you may address them to Agenis, Inc., 1201 Pacific Ave, Suite 600, Tacoma, WA 98402.
Last revised on: January 26, 2016
The Service is supported in part through advertising. As such, we strive to make any advertisements found on the Service relevant and useful to you. We may display advertisements to you based on the information we collect from you during your use of the Service.
1. INFORMATION WE COLLECT AND HOW WE USE IT
Agenis is the sole owner of the information collected on the Service and we collect Personal Information from our users at several different points. Generally, we collect Personal Information when you provide it directly to us and through technology further described in Section 4 below.
1.1 Personal Information Defined
1.2 Information We Collect From Visitors
You are not required to register or provide any Personal Information to us to simply visit and browse the www.agenis.com website. However, like many other websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. If you are accessing the www.agenis.com from a mobile device, we may also gather the device type and mobile network information. More information on the types of information automatically collected and how the information is collected can be found in Section 4 below.
1.3 Registration and Signup
In order to use portions of the Service, you must first complete a registration form and create a username and password. During registration you must give us your contact information (your name and email address) and, if you are an Agent, your employer information (the name of your organization or agency). If you are registering for a paid portion of the Service, you may also be asked to provide certain financial information, such as a valid credit card number and expiration date.
1.4 How We Use Your Information
All of the information you provide to us during the registration process, through your use of the Service, and through any other interactions with us will be used in the following ways:
(i) To provide the Service to you. This includes using the Personal Information you provide to us as well as any other information automatically collected in order to determine which of the Agents available on the Service may be willing or compatible to serve your real estate needs or assist them or others in doing so.
(ii) To create a “profile” of your preferences. We tie your Personal Information and your purchasing history to information in your profile in order to provide the content of the Service to you on a personalized basis and to identify and authenticate your account when you log in to the Service. Please see Section 4 for more information.
(iii) For billing purposes. If we have trouble processing an order, we will use the information you provide in order to contact you.
(iv) To contact you about your use of the Service and to provide notifications about the Service.
(v) To improve the Service. We strive to provide a meaningful and relevant user experience to you. As such, we may use your usage habits in order to streamline or improve the Service.
Although no data transmission can be guaranteed to be completely secure, Agenis follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. These standards are reasonably designed to:
(i) Ensure the security and confidentiality of your records and information;
(ii) Protect against any anticipated threats or hazards to the security or integrity of your records and information; and
(iii) Protect against unauthorized access to or use of your records or information that could result in substantial harm or inconvenience to you or any other user of the Service.
Your information is located on secure servers and encrypted using secure socket layer technology (SSL) located within the United States. We use transport layer security (TLS) when you sign into the Service. If you would like more information on SSL technology, please visit https://www.verisign.com/en_US/domain-names/web-presence/Website-optimization/ssl-certificates/index.xhtml.
3. INFORMATION WE DISCLOSE AND WHEN WE DISCLOSE IT
We will not disclose your Personal Information to third parties except to:
(i) Companies affiliated with us who may only use your Personal Information for the purposes described in Section 1.4 above.
(ii) Our trusted service providers, including but not limited to payment processors and other third parties that you may directly authorize to receive your Personal Information. Our service providers are bound by law or contract to protect your Personal Information and are only allowed to use your Personal Information in accordance with our agreements with them.
(iii) Effect a merger or acquisition or to support the sale or transfer of business assets. If Agenis is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or prominent notice on the Service of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
(iv) Enforce our rights or protect our property; protect the rights, property or safety of others, investigate fraud, or respond to a legitimate government request; or as needed to support auditing, compliance, and corporate governance functions.
(v) We may also disclose Personal Information to defend ourselves in litigation or a regulatory action, and when required or advised to do so by law, such as in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where we operate.
4. COOKIES, PIXEL TAGS AND WEB BEACONS
5. LINKS TO OTHER SITES
This privacy statement applies only to information we collect while rendering the Service. The Service contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to read the privacy statements of each and every website that collects your Personal Information.
6. ACCESS BY MINORS
The Service is not intended for use by minors or any other individuals not capable of forming a contract and such use is prohibited by our Terms of Service. Further, we do not knowingly collect Personal Information from children under 13 years old. If you are aware of any instance where a child under 13 years old has provided us with his or her Personal Information, please contact us at Agenis, Inc., 1201 Pacific Ave, Suite 600, Tacoma, WA 98402.
7. UPDATING AND DELETING PERSONAL INFORMATION
If your Personal Information changes, you may correct, update, or delete it by making the appropriate change on your account settings page while logged in to the Service. If you no longer wish to use the Service, you may delete your account information by deleting your account from the accounts settings page while logged in to the Service.
9. CONTACT US