| Terms of Use
General
Agentmaster and, its subsidiaries and affiliates (collectively "Agentmaster")
provide you with access to this Web site and the services available
on this Web site, or other Web sites as indicated below, (collectively,
the "Services," which will be defined more under the Section,
"Services."). Access to and use of the Services is governed
by these Terms of Use (the "Agreement"). By accessing or using
the Services, you indicate your assent to be bound by the Agreement,
and your acknowledgment of and agreement to its terms.
Services
The Services include Agentmaster MLS Inside, Agent ProSite, and Office
ProSite (all located at www.Agentmaster.com)(the "Services").
The Services may also be located on third party web sites and/or applications
either as a link from an add-on service to, or otherwise in connection
with, Web sites and/or applications that such third parties control.
Our Services enable you to find property information located both inside
and outside of the MLS or Multiple Listing Service. We may provide you
with listings of properties, information, articles, and REALTOR®
information (as well as listings provided to Agentmaster by third parties).
Detail:
The Services act as a system or venue to introduce homebuyers and sellers
to information about real estate. Agentmaster uses reasonable efforts
to ensure the availability of the information and content, including
links, that it makes available through the Services. However, the Services
are composed of content not offered by Agentmaster. Agentmaster does
not control (i) the quality, safety or legality of items available through
or on its advertisers' Web sites or sites of third parties not in privity
of contract with Agentmaster, (ii) the truth or accuracy or legality
of the content from those advertisers or those third parties (even if
such content appears on the Services), or (iii) the availability or
technical capabilities of their Web sites or links to those Web sites.
Agentmaster is not liable or responsible for content supplied or approved
by third parties, or for actions you might take in reliance on that
content. Nothing contained in any of the Services is an offer or promise
to sell a specific product for a specific price or that any advertiser
will sell any product or service for any purpose or price or on any
specific terms. Agentmaster does not guarantee the price, terms, product,
availability and/or services offered by any advertiser. For all of the
Services, Agentmaster is not involved in any transactions between you
and any of its advertisers, and is not responsible for, and does not
guarantee the price or performance of any goods, services or information
provided by advertisers. If you have a dispute with one or more advertisers
or REALTORS®, you agree to release and hereby release Agentmaster
(and Agentmaster's officers, directors, agents, subsidiaries, affiliates,
employees, successors, assigns, content providers and service providers)
from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
Only Personal Use is Authorized
Under this Agreement, Agentmaster gives you limited permission to access
and use the Services only for your personal use, and to copy, distribute
and transmit the content of the Services only to the extent that such
copying, distribution, and transmission is automatically done through
your browser software incidentally to using the Services for your personal
use. You may also print a copy of the information displayed on the Services
for your personal use. That means, that except as set forth above, you
may not modify, reformat, copy, display, distribute, transmit, publish,
license, create derivative works from, transfer or sell any information,
products, or service obtained by your use of the Services. This restriction
means, among other things, that you may not mirror on your own Web site
any portion of the Services or display through your own Web site any
results pages or other information from the Services without Agentmaster's
express permission.
Your right to access the Services is subject to any limits
established by Agentmaster. You agree that you will not use any automated
means, including, without limitation, agents, robots, scripts, or spiders,
to access, monitor or copy the Services except those automated means
expressly made available by Agentmaster, if any, or authorized in advance
and in writing by Agentmaster (for example, Agentmaster approved third
party tools and services). The Agentmaster Web Site contains robot exclusion
headers and you agree that you will not use any device, software or
routine to bypass our robot exclusion headers, or to interfere or attempt
to interfere with the proper working of the Services. Without limitation
to the foregoing, you further agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our
infrastructure (as determined by Agentmaster).
The technology underlying, and content within, the Services
is owned by Agentmaster and/or its licensors (including Agentmaster's
advertisers and other content providers) and is protected by copyright
and other intellectual property or proprietary rights. If you use the
Services other than as provided above, you may violate copyright and
other laws of the United States, other countries, as well as applicable
state laws and may be subject to penalties. That would not be a good
thing. As between you and Agentmaster, Agentmaster owns and retains
all ownership of the technology underlying and content within the Services,
and reserves all rights not explicitly granted to you in this Agreement.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND. Agentmaster DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
Agentmaster's Potential Liability for the Services is
Limited
NEITHER Agentmaster NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE
PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY
TO GAIN ACCESS TO OR USE THE SERVICES. Agentmaster WILL NOT BE LIABLE
FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR
FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT
LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF Agentmaster, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY SUCH STATE LAW.
Defamation, Copyright and Trademark Claims
Agentmaster is a provider of real estate computer services for purposes
of 47 U.S.C. section 230. As such, its liability for others' conduct
and information is limited as described therein.
Further, Agentmaster is a service provider pursuant to
the Digital Millennium Copyright Act. Pursuant to the Digital Millennium
Copyright Act, Agentmaster has designated an agent to receive notifications
of alleged copyright infringement on the Services:
Agentmaster
22 Soth Main Street
P.O. Box 2227
Wolfeboro, NH 03894
Tel: 603-569-9494
In notifying Agentmaster of alleged copyright infringement,
you must include the following information:
* A description of the copyrighted work that is the subject of claimed
infringement
* A description of the infringing material and information sufficient
to permit Agentmaster to locate the alleged material
* Contact information for you, including your address, telephone number
and/or e-mail address
* A statement by you that you have a good faith belief that the material
in the manner complained of is not authorized by the copyright owner,
or its agent, or by the operation of any law
* A statement by you, signed under penalty of perjury, that the information
in the notification is accurate and that you have the authority to enforce
the copyrights that are claimed to be infringed
* A physical or electronic signature of the copyright owner or a person
authorized to act on the owner's behalf
Failure to include all of the above-listed information may result in
the delay of the processing of your complaint. For more information
on the Digital Millennium Copyright Act please visit the United States
Copyright Office at http://lcweb.loc.gov/copyright/onlinesp/.
Agentmaster does not arbitrate or resolve trademark disputes
among Agentmaster's advertisers or between those advertisers and third
parties. However, Agentmaster will promptly comply with an order of
a court of competent jurisdiction concerning a trademark issue. Agentmaster
occasionally receives requests to remove listings from within the Services.
Agentmaster reserves the right to address such requests on a case-by-case
basis.
Objectionable Material and Family Filtering
Agentmaster encourages you to use discretion when browsing the Internet
or using the Services. The Services may contain information that you
find objectionable, harmful, deceptive or otherwise inappropriate, especially
for children. If this is a concern for you, Agentmaster encourages you
to use the adult filtering service that may be provided by Agentmaster.
To ensure you do not receive offensive material, nevertheless, you must
install your own filtering software if you wish to limit the content
available through the Services. If you come across any site that you
believe contains child pornography or other illegal material, please
contact us and we will contact the authorities.
Privacy and Data Collection
Agentmaster does not collect personally identifying information from
users of the Services unless users have explicitly given such information
to Agentmaster (for example, when becoming an advertiser or when sending
us an e-mail with a question or as part of a contest). Agentmaster's
information practices are further described in its privacy
policy. Agentmaster's privacy policy is part of this Agreement,
and you agree that use of data as described in the privacy policy is
not an actionable breach of your privacy or publicity rights. If you
have entered into another agreement with Agentmaster (such as an Affiliate
Agreement or an Advertiser Agreement), then you may be subject to additional
or different provisions regarding privacy and data collection. If you
would like more information, please read our privacy policy. You should
consider any communication that you transmit to Agentmaster (such as
data, questions or answers, comments, or suggestions) as non-confidential,
and agree that Agentmaster will not be liable or responsible if information
that belongs to you is intercepted and used by an unintended recipient.
Control over Features, Functions, and Access to the
Services
Agentmaster reserves the right to change any information, features and
functions of the Services without prior notice. Agentmaster may deny
you access to all or part of the Services without prior notice if you
engage in any conduct or activities that Agentmaster determines, in
its sole discretion, violate this Agreement, the rights of Agentmaster
or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of New Hampshire
without regard to its conflict of law provisions. Agentmaster's failure
to exercise or enforce any right or provision of the Agreement will
not be deemed to be a waiver of such right or provision. If any provision
of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of this Agreement remain in full force and
effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Services must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to
this Agreement or the Services will be settled by binding arbitration
in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim must be arbitrated
on an individual basis, and must not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration must
be conducted in Wolfeboro, New Hampshire, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either
you or Agentmaster may seek any interim or preliminary relief from a
court of competent jurisdiction in Wolfeboro, New Hampshire, as necessary
to protect the rights or property of you or Agentmaster.
Notice
You may direct any questions concerning this Agreement to:
Agentmaster
22 South Main Street
P.O. Box 2227
Wolfeboro, NH 03894
Tel: 603-569-9494
Agentmaster may amend this Agreement at any time by posting
the amended terms on its Web site. This Agreement may not be otherwise
amended except in a written document signed by you and Agentmaster.
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