Terms of Service
These Terms of Service constitute the agreement ("TOS") between eAgentFeedback.com ("we", "us" or "eAgentFeedback.com") and the member ("you", "your", or "member") of eAgentFeedback.com's real estate agent services and any related products or services ("Service"). This Agreement governs both the Service and any hardware ("Hardware" or " Equipment"), used in conjunction with the Service.
1. ACKNOWLEDGMENT AND ACCEPTANCE.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING ON "SUBMIT", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS AND SERVICES SET FORTH IN THE TERMS OF SERVICE, INCLUDING ALL WARRANTIES AND PROMISES BY MEMBER. MEMBER HEREBY ACKNOWLEDGES AND WARRANTS THAT MEMBER IS 18 YEARS OF AGE OR OLDER.
2. DESCRIPTION OF SERVICE PROVIDED.
eAgentFeedback.com offers a Service for real estate agents to obtain feedback from property showings. Members pay a monthly subscription fee to access the Service and the Member may cancel the subscription at anytime.
3. MODIFICATION OF SERVICE PROVIDED.
Member acknowledges and agrees that eAgentFeedback.com may, with or without notice, modify, delete, or amend the Service provided. Further, Member acknowledges and agrees that eAgentFeedback.com may further modify, delete or amend the TOS from time to time. eAgentFeedback.com will notify Member of any modification in fees by email or in a newsletter. If Member does not accept the modification, deletion or amendment, Member must terminate Member's membership at that time. Any and all use of the Service by Member after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Service or TOS.
4. SERVICE TERM.
Service is offered on a monthly basis for a term that begins on the date that eAgentFeedback.com activates your Service and ends on the day before the same date of the following month. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of the monthly term, you will be responsible for the full month's subscription charges to the end of the then-current term.
5. PAYMENT TERMS.
Member agrees to pay all charges to Member's account, including any applicable taxes, at the rates in effect when the charges are incurred. All installation or setup fees and non-recurring charges, along with the first month's recurring charge, shall be due and payable immediately of initiation of Service. Thereafter, recurring monthly subscription fee will be charged to Your credit card. If Your credit card is invalid or You are other past-due in your payments for any reason, the Service may be terminated and Your account deleted with or without notice, and all the information contained within deleted permanently. eAgentFeedback.com accepts no liability for information or content that is deleted due to an invalid credit card or where Your payments are past-due. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional set up fees. In the event You fail to pay charges, eAgentFeedback.com may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse eAgentFeedback.com for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You also agree to pay all current charges for the Service as well as taxes and fees assessed against You or eAgentFeedback.com on the charges and all late payment, interest or other fees as stated on Your bill. eAgentFeedback.com may modify its billing practices or late payment charges by providing You with prior written notice of the modification. eAgentFeedback.com in its discretion may offer discounts or special offers from time to time.
eAgentFeedback.com may change the fees and charges then in effect, or add new fees or charges, by giving Members notice in advance, when the change affects the Member.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY .
You will receive a password and account designation upon completing the Member registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eAgentFeedback.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eAgentFeedback.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
8. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) TO THE FULLEST EXTENT ALLOWED BY LAW, eAgentFeedback.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. eAgentFeedback.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.
(c) eAgentFeedback.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY FEEDBACK QUESTIONAIRE OR REQUESTS FOR FEEDBACK OR INVITATIONS TO VIEW FEEDBACK RESULTS CREATED ON OR THROUGH THE SERVICE NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO ANY FEEDBACK REQUESTS OR FOR THE RESULTS GENERATED BY FEEDBACK RESPONSES. eAgentFeedback.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY FEEDBACK QUESTIONAIRE, FEEDBACK RESPONSES OR FEEDBACK RESULTS NOR DOES eAgentFeedback.com WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY OR OTHERWISE OF ANY FEEDBACK QUESTIONAIRE, FEEDBACK RESPONSES OR FEEDBACK RESULTS. eAgentFeedback.com IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON ANY FEEDBACK QUESTIONAIRE, FEEDBACK RESPONSES OR FEEDBACK RESULTS CREATED ON OR THROUGH THE SERVICE OR THE SITE. IT IS SOLELY MEMBER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF ANY FEEDBACK QUESTIONAIRE, FEEDBACK RESPONSES OR FEEDBACK RESULTS OR OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR SITE.
(d) eAgentFeedback.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, ACCURATE OR RELIABLE; NOR DOES eAgentFeedback.com MAKE ANY WARRANTY AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(e) MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE OR SITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(f) eAgentFeedback.com MAKES NO WARRANTY REGARDNG ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON THE SERVICE OR THE SITE.
(g) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE SERVICE OR SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER eAgentFeedback.com NOR ANY PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF MEMBER'S ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE OR ANY FEEDBACK QUESTIONAIRE, FEEDBACK RESPONSES OR FEEDBACK RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF MEMBER IS DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE SITE, OR WITH ANY OF THE TERMS OF AGREEMENT, MEMBER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND LEAVE THE SITE IMMEDIATELY.
10. OTHER PROHIBITED USES.
Member agrees not to transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, illegal or otherwise objectionable material or content. Member shall not send any transmission that attempts to hide Member's identity or represents Member as someone else. Any attempt by Member to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. Member specifically agrees not to use the Service or the Site to send any materials, including feedback requests, to any persons under 18 years of age unless and until the member has taken and follows all necessary action and compliance pursuant to provincial/state and federal laws. Member agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else's computer, the Service or the Site. Member agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by Member to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for eAgentFeedback.com, is strictly forbidden. Member agrees to comply with all applicable laws relating to such conduct. If Member engages in any activity set forth in this paragraph or violates any terms or conditions of the TOS, Member's account will be terminated and use of the Service and Site prohibited. eAgentFeedback.com will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.
11a. PROPRIETARY RIGHTS.
eAgentFeedback.com owns the content including the graphics, names, text, software, music, videos, sound, pictures, compilations, feedback templates, feedback questions, page layout, design, processes, procedures, magnetic translation, digital conversion or other material contained in the Service and the Site to the extent such content is provided and/or designed by eAgentFeedback.com. It is all protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No one may copy, reproduce, distribute in any way, or decompile, reverse engineer or disassemble the content. Member is permitted the limited license to use the content of the Service and the Site as authorized herein to send feedback requests and view feedback responses and feedback results for Member's personal use as an end product only, and Member must at all times maintain eAgentFeedback.com's copyright symbol on the product in any form or medium. Member owns its feedback questions, feedback responses, feedback results and related feedback data ("Member's Content"), and Member assumes the entire risk of disclosing Member's Content to third parties. Modification or use of eAgentFeedback.com's content in any prohibited way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization.
11b. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL.
Member agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If Member uses any such proprietary material or content, by doing so, Member warrants that Member has the right and authority to do so.
11c. DATABASE AND STORAGE OF FEEDBACK CAMPAIGNS, RESPONSES AND RELATED FEEDBACK DATA.
Feedback data is maintained as long as the membership is active and in good standing. After the membership has ended, the feedback data will not be accessible. If you subscribe to eAgentFeedback.com membership, there are no storage limitations while you are a subscriber. eAgentFeedback.com may from time to time publish notices regarding the maximum allowable memory space, number of feedback requests, number of feedback campaigns or number of feedback questions that may be created, saved, sent or used through the Site.
12. ANTI-SPAM POLICY.
eAgentFeedback.com prohibits the use of the eAgentFeedback.com Service in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email ("Spam"). You may not use any eAgentFeedback.com Services to send Spam.
If eAgentFeedback.com believes that unauthorized or improper use is being made of any eAgentFeedback.com Service, it may, without notice, terminate any account which it determines is transmitting or is otherwise connected with any email that violated this policy and may result in legal action against you. You will not use the eAgentFeedback.com Service to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
eAgentFeedback.com reserve the right, in our sole discretion, and without liability, to terminate Your Service, with or without notice, for any reason or no reason. The TOS may be terminated by either party hereto at any time. eAgentFeedback.com shall not be liable to Member or any third party in any manner for termination of the Service. In the event Member should become dissatisfied with the TOS or any modifications thereof, or with the Service or the Site, Member's only recourse is to discontinue use of the Service, terminate the membership and give notice of these actions. Upon termination, Member's right to use the Service and the Site cease immediately and eAgentFeedback.com shall have no obligation whatsoever to forward any feedback campaigns, feedback questions, feedback responses, feedback results or refunds of subscription fees to the Member.
Member agrees to defend, indemnify and hold harmless eAgentFeedback.com, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands, including attorney's fees, due to or arising from Member's use of the Service, feedback requests, feedback responses, feedback results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.
15. NATURE OF AGREEMENT.
Member agrees that the registration procedure, account set-up and subsequent activation of the "Submit" button constitute agreement to the TOS. Further, the TOS is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. Member agrees that each use of the Services and the Site reaffirms Member's acknowledgment and agreement to the Terms of Agreement.
16. NO RESALE OF SERVICE.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.