Violation of any of the terms listed below may result in immediate termination of User account and may subject User to legal liability.
- User agrees not to copy, duplicate, reproduce, sell, or resell Company content accessible via the Service or Profiles without the express written permission of Company.
- User agrees not to give unauthorized third parties access to their Service user account or Agent Profile administrative areas.
- User agrees not to scrape Company content.
- User agrees not to take any action to exceed their assigned access level as it relates to any part of the Service or Agent Profile.
- User agrees not to modify, hack, or reproduce any part of the Service or Agent Profiles in an effort to falsely imply that such modification/reproduction is associated with the actual Service, Agent Profile, Company, or its affiliates.
- Company reserves the right to access administrative areas associated with your Service or Agent Profile at any time for the purposes of general maintenance, administrative work, trouble-shooting, upgrades, downgrades and/or custom work.
- Technical support is available via email for all paying customers.
- Use of the Service and Agent Profiles is at your own risk. Service and Agent Profiles are available on an ‘as is’ and ‘as available’ basis. Company disclaims all terms, conditions, representations, guarantees, and warranties (express, implied, statutory and otherwise), in respect to the Service and Agent Profiles including those of merchantability, title, non-infringement, quality and fitness for any particular use.
- Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed towards Company or person(s) associated with Company will not be tolerated and will result in immediate termination of User account without refund. Company reserves the right to pursue legal action against any User who makes slanderous or libelous statements about Company, Agent Profiles, persons associated with Company, or other services provided by Company.
- User agrees to relieve Company and any other Third Party Partners, code providers, or data providers from any legal liability arising from problems associated with Service or Agent Profile.
- User acknowledges that eCommerce code and payment gateways (such as Stripe) is not maintained by company. In the event of a problem with eCommerce functionality or payment gateways, Company will notify the party responsible for the functionality in question and will work to resolve any problems as quickly as possible.
- User acknowledges that the processing and transmission of data in connection with Service, Agent Profiles, and any User generated content may take place unencrypted and over various third-party networks.
- While every effort has been made to safeguard and backup User data and Agent Profile data, User agrees not to hold Company liable for any loss or breach of data associated with User account.
- User will not attempt to gain access to administrative areas, features, or other User accounts for which User is not specifically authorized to access.
- In the event of a dispute that cannot be settled between User and Company, User agrees to settle dispute by way of arbitration and hereby relinquishes the right to sue or file a lawsuit against Company or participate in a class-action lawsuit against Company. Arbitration shall take place in Blount County Tennessee, by an arbitrator located in Blount County Tennessee.
- Company does not warrant that (a.) the Service or Agent Profiles will meet your specific needs, (b.) that customizations we add or create on your behalf will be entirely accurate or error-free, (c.) that the Service or Agent Profiles will be error-free, uninterrupted, timely or entirely secure, (d.) that the Service or Agent Profiles and Company-provided content and customizations will meet your individual expectations, (.e) that you will make money or have any specific business results by using the Service or Agent Profiles, or (f.) that suggested improvements, upgrades or error-fixes to the Service or Agent Profiles will be implemented.
- User understands and agrees that Company will not he held liable for any direct, indirect, special, incidental, consequential or exemplary damages that arise from use of Service or Agent Profiles (regardless of whether company has been advised of the potential of such damages). Such damages include but are not limited to: loss of income, profits, goodwill, consumer sentiment, data or any other tangible or intangible losses. This includes losses that are a result of (a.) use of Service or Agent Profiles, or inability to use/access Service or Agent Profiles, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an interruption in Service or Agent Profiles, (e.) unauthorized access, modification or deletion of Service, Agent Profiles or personal data, (f.) the actions and statements made by any third party accessing the Service or Agent Profiles, and (g.) any other matter(s) relating to the Service, Agent Profiles, or customizations.
- In the event that Company becomes liable to User despite the above limitations, Company liability will be limited to the annual subscription fee or Agent Profile fee that User paid for the use of Service or Agent Profiles in the six months prior to the event that caused the liability. At no time will company liability include costs paid by User to cover User legal consultative fees or fees paid to Company for customizations, advertising services, referrals, or consultative services.
- User must not use the Service or Agent Profiles for any illegal, unethical or unauthorized purposes. User must not use the Service or Agent Profile to violate any federal, state, or local laws including federal housing laws.
- User assumes full legal responsibility for all messages and communications initiated through use of Service or Agent Profiles, including phone, email, Facebook messages, Facebook Messenger messages, and SMS text messages. By signing up and/or using the Service or Agent Profiles, User acknowledges their awareness and familiarity with laws concerning email communication and spam. User agrees not to send spam or transmit unsolicited messages from Service or Agent Profiles. User also agrees not to modify emails that could be constituted as spam in such a way that would make it look like they originated from the Service or Agent Profiles, even though they did not. Company reserves the right to immediately discontinue service without providing a refund for any User who violates this clause or is accused/suspected of sending spam email or SMS communications.
- User will not upload any viruses, malicious code, or tracking software to Service or Agent Profiles, nor will User send malicious code from Service or Agent Profiles, or induce others to download, transmit or click on links that are associated with malicious code. Any violation of this clause will result in immediate termination of User Service and/or Digital Products without a refund and may result in legal action against User.
- User must be a real person. User must not be a ‘bot’ or computer program, nor can User grant an unauthorized ‘bot’ or unauthorized person access to Service, Agent Profile, or User administrative areas.
- User is responsible and assumes complete legal liability and financial responsibility for all content posted by User on Service and Agent Profiles regardless of where the communication is posted or originated. This includes content posted by User, User representatives, Company, and Agent Profiles.
- Company reserves the right to advertise and/or display any content associated with Service and User’s Agent Profile at any time. This includes featuring an image or link to content associated with User’s Agent Profile via our website or any other media format selected by Company.
- User does not own the Agent Profile, code, or any customizations User elects to pay for. The Agent Profiles, website, features, and all User-submitted content are owned exclusively by Company. User’s payment of Agent Profile annual subscription fees, customization fees, and optional advertising services are exclusively for the use of Agent Profile for the time-period that User’s account is paid for and in good standing and no transfer of ownership for these services ever takes place.
- Login information (usernames, passwords, and login URL’s) associated with the administrative areas of User account will be limited to User and User Authorized Representatives that are approved by Company. This includes access to any other administrative areas User may have access to in association with the Company Service, Agent Profile, or affiliate program.
- User grants Company, its parent company DCTS Corp., Third-Party Partners, and affiliate companies the right to contact User via email, telephone, mail, SMS, Facebook, Facebook Messenger, and any other medium about the Service, Agent Profile or additional products that Company thinks may be of interest to User, regardless of whether User is registered with any national, state or local do-not-call or do-not-mail lists.
- If you are not satisfied with your Agent Profile simply request a refund within 30 days of purchase by sending an email to firstname.lastname@example.org and we will issue a 100% refund for your annual subscription fee. Please note that in no circumstance are the following User fees or expenses refundable: advertising services, promotional services, or consultative services.
- A valid credit card is required for establishing access to a Agent Profile and for ongoing payment of Agent Profile, promotional services, and advertising services.
- Access to Agent Profile and corresponding services is billed in advance on an annual basis and is non-refundable after 30 days of purchase. No refunds, credits or prorations will be given for partial months of Agent Profile use, unused Agent Profile subscription time, Agent Profile upgrades, Agent Profile downgrades, Agent Profile customizations, or Agent Profile advertising and promotional services.
- User must provide their real full name, a valid email address and any other information or documentation required to establish Agent Profile service.
- Agent Profile fees and any other type of fee is exclusive of all taxes (except State of Tennessee sales tax), duties or levies imposed by taxing authorities. User is responsible for payment of any required taxes, duties, or levies that may arise.
- Sales tax is applicable to the Service, Agent Profiles, customization services, and marketing and promotional services in the State of Tennessee. Company will collect State of Tennessee sales tax for transactions completed by Users who indicate they live in the State of Tennessee during the checkout process. User assumes full responsibility for paying any additional federal, state, or local sales and/or use taxes that may become due as a result of new or pending legislation.
- Prices are subject to change without notice.
- When upgrading or downgrading your Agent Profile in relation to available options, the annual fee charged to the credit card you provided will change to reflect the new rate associated with your account.
- For any upgrade in Service or Agent Profile, we reserve the right to charge your credit card an additional one-time fee to make up for the difference in pricing between the old Agent Profile fee and the new Agent Profile fee for the period in which the Agent Profile upgrade takes place. Prorations will be made at the sole discretion of Company.
- A downgrade in Agent Profile service may result in the loss of features, market positioning, search results page positioning, content, data, access or technical capacity associated with User’s Service or Agent Profile.
- Company reserves the right to immediately deactivate your Profile Page or access to Agent Profile data in the event that the credit card associated with your account is denied when payment processor attempts to charge the annual Agent Profile subscription fee. Agent Profile access will be restored within 24 hours of payment.
- Company reserves the right to permanently delete all data, content, and administrative settings associated with User accounts and Agent Profiles that have gone unpaid for 10+ calendar days. Company does not assume any liability for any such losses.
- You have the right to cancel your Agent Profile service at any time. In order for the cancellation to take affect, you must send an email to email@example.com requesting that your account be deactivated.
- All Agent Profile fees, customizations, consulting fees, advertising fees, and promotional fees are non-refundable.
- If you cancel your Agent Profile subscription before the renewal date, your cancellation will take effect immediately and you will not be charged again or be eligible for a refund of any amount.
- Company reserves the right to modify and/or discontinue the Service or Agent Profiles at any time with or without notice.
- Features that are advertised and available at the time of sign-up may be modified or discontinued at any time.
- Company will not be held liable to User or any other Third Parties for any price change, modification, suspension or discontinuation of any Company Service, Agent Profile, advertising services, promotional services, or setup fees.
- Company retains the right to test features, modifications, and possible upgrades on the Agent Profile associated with your account without notice or permission at any time.
- User is solely responsible for all content displayed in association with User’s Agent Profile and User agrees to assume full legal and financial responsibility for all content displayed or associated with the Agent Profile associated with User’s account.
- User agrees not to commit copyright or trademark infringement by posting, displaying, sharing, or linking to content that User does not own or have explicit permission to reproduce.
- User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the public or private portion of Service or Agent Profile, and thus grants third parties the right to share User content while also relieving Company of any legal or financial liability that may arise.
- While Company does not prescreen all content that User publishes on their Agent Profile, Company reserves the right to remove or refuse any content deemed unacceptable at any time for any reason.
- The Service relies on computer code and services assembled from various sources and third-party partners. Sources include unique and proprietary code created by the Company, code licensed from third-party vendors and programmers, as well as code made available by open source initiatives. You agree to take no action that could infringe upon the rights of the legal owners of the code or lessen its value in any way. This means User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any third-party individuals without the express written permission of Company or the respective copyright holder. User acknowledges that Company has no control over the ongoing availability of third-party code and features and thus relieves Company from any liability that could arise from loss of current features due to a change in the availability of third-party code, features and code libraries.
- User does not own any part of the Agent Profile, search results positioning, website, servers, technical infrastructure, bundled libraries, visual design elements, WordPress configuration, technical processes, Service, or other Company produced content.
- Any content not copied by User prior to account deactivation may become irretrievable; User relieves Company from any liability that may arise from content being lost during the account deactivation process. At no time will User or any third-party be granted access to Company servers or any level of administrative access beyond the default access that is included to all paying Users of Service.