terms of service

Introduction

By accessing any area of www.AgentOptix.com users (Users) agree to be legally bound and to abide by the terms set forth below. Users herein shall include any homeowner, real estate agent, or other consumer who utilizes any of the services of AgentOptix.  It is the responsibility of the User to read and understand the Terms and Conditions herein.  In addition, Users shall be bound by the Terms and Conditions of www.matterport.com, which can be found at http://matterport.com/hf/terms-use/.  Users who are real estate agents, by use of this site and the engagement of AgentOptix, LLC’s services, you agree that you have all waivers, permissions, and guarantees from your client homeowners to engage the services of AgentOptix, LLC and said homeowners shall be bound hereto as Users.

I. TRADEMARKS

AgentOptix is a service mark of AgentOptix, LLC, all rights are reserved. These and other AgentOptix graphics, logos and service marks and trademarks of AgentOptix, LLC and may not be used without prior written consent of AgentOptix, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on www.AgentOptix.com are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of AgentOptix is at User's sole risk. Neither AgentOptix, LLC nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that AgentOptix will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of AgentOptix, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through AgentOptix.

THIS SITE IS PROVIDED BY AgentOptix, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. AGENTOPTIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AgentOptix, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AGENTOPTIX, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AGENTOPTIX,LLC NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstance shall AgentOptix, LLC or any other party involved in creating, producing, or distributing www.AgentOptix.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use www.AgentOptix.com, including but not limited to reliance by User on any information obtained from AgentOptix or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to AgentOptix, LLC's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through www.AgentOptix.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT

A. PROPRIETARY RIGHTS

User acknowledges that www.AgentOptix.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and AgentOptix, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. AgentOptix may at its discretion, resell, reuse, or redistribute the photos or video footage taken in a User’s home. No compensation will be given to the User who contracted AgentOptix, LLC to photograph or video home for other uses, distribution, or resell.  User acknowledges that AgentOptix, LLC owns all models produced and that User does not own any part thereof.  Should it be determined that User has any copyrights in any content placed on www.agentoptix.com, User grants a worldwide, royalty-free, non-exclusive, perpetual license to exercise the rights in the content.

B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT

Except as set forth in Section III(A) above, User may upload to or otherwise distribute on AgentOptix only Content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither AgentOptix, LLC, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to AgentOptix at the following email address: info@agentoptix.com. By submitting Content to any area of this Website, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted AgentOptix, LLC the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on AgentOptix retains any and all rights, which may exist in such Content.

C. CONTENT

Under no circumstances shall AgentOptix, LLC, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through www.AgentOptix.com. It is the responsibility of User to evaluate the information and content available through AgentOptix.  DO NOT USE THIS SITE OR RELY ON ANY CONTENT ON THE SITE UNLESS YOU EXPRESSLY AGREE TO ALL TERMS CONTAINED IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THIS SECTION.

D. EXPORT

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from AgentOptix to either a foreign national or a foreign destination in violation of such laws.

IV. ONLINE CONDUCT

User agrees to use AgentOptix only for lawful purposes. User is prohibited from posting on or transmitting through AgentOptix any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If AgentOptix, LLC is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User, AgentOptix, LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from AgentOptix. AgentOptix, LLC may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate AgentOptix; or (iii) to protect the rights or property of AgentOptix, LLC, its Users or Providers.

AgentOptix, LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, AgentOptix, the communities that make up AgentOptix, or any rights of AgentOptix, LLC or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither AgentOptix, LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither AgentOptix, LLC, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on AgentOptix.

The services of AgentOptix, LLC include the filming of private residences.  If there is anything that you do not want to be posted on the internet, available for all of the world to see, you shall remove any such items from view during the filming of the residence.

YOU EXPRESSLY AGREE THAT ALL PERSONAL, PRIVATE, AND/OR CONFIDENTIAL INFORMATION, WHETHER IT IS APPLICABLE TO YOU OR ANOTHER PARTY, SUCH AS PHOTOGRAPHS, ADDRESSES, TELEPHONE NUMBERS, ACCOUNT INFORMATION, PASSWORDS, BALANCES, ETC. IS STRICTLY PROHIBITED ON THIS SITE AND YOU AGREE THAT YOU WILL NOT HAVE ANY SUCH ITEMS PRESENT DURING THE FILMING OF YOUR HOME OR HOME FOR WHICH YOU REPRESENT THE OWNER.

AgentOptix, LLC is not responsible for anything that may occur if either your own or a third party's personal, private, and/or confidential information is posted on this site. Further you agree that you are responsible for any damages that may result from the posting of any personal, private, and/or confidential information about yourself or a third party.

V. PRIVACY POLICY

In accordance with the terms of AgentOptix, LLC's Privacy Policy, AgentOptix, LLC respects the privacy of its Users. To view our Privacy Policy, click here: http://www.agentoptix.com/privacy-policy.html.

VI. TERMINATION OF USAGE

AgentOptix, LLC may terminate User's access, or suspend User's access to all or part of AgentOptix, without notice, for any conduct that AgentOptix, LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or AgentOptix.  All content on AgentOptix is subject to removal after a period of 60 days from the initial posting unless otherwise agreed to in writing.

VII. APPLICABLE LAW

This site is created and controlled by AgentOptix, LLC in the State of Tennessee As such, the laws of the State of Tennessee will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. AgentOptix, LLC reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Tennessee, and of the United States of America located in the State of Tennessee for any litigation arising out of or relating to use of or purchase made through AgentOptix (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Tennessee, and agrees not to plead or claim in any court of the State of Tennessee that such litigation brought therein has been brought in an inconvenient forum.

VIII. SEVERABILITY

The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

IX.  INDEMNIFICATION

User shall defend, indemnify and hold harmless AgentOptix from and against any and all claims, demands, loss, damage and liability, including but not limited to attorneys fees and costs arising out of or pertaining to the use of this site and the services of AgentOptix, LLC.  Without limitation, this obligation of indemnity shall protect AgentOptix, LLC from User’s failure to comply with applicable law, regulations, or agreements, including any investigation conducted and any penalty assessed by any regulatory agency having jurisdiction over the marketing relationship and the operations contemplated between User and AgentOptix, LLC.

X. ACKNOWLEDGMENT

The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and AgentOptix, LLC regarding your relationship with AgentOptix, LLC and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the AgentOptix, LLC website. The aforementioned Terms of Use and Service are subject to change at any time without notice to you.

 

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