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Terms &
Conditions
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By using e-agent.biz, eagent.com
or any other Website owned and operated by
e-Agent, Inc., related data, and/or related
services, (collectively, "Services") as well as
well as accessing and using any Websites linked to
e-agent.biz or eagent.com (“Third Party
Services”), you agree to be bound by the following
terms of use ("Terms of Use"):
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- Personal Use.
You agree to use the Services for your personal
use. Your commercial use is limited to
transactions done on your own behalf. Subject to
the restrictions set forth in the following
paragraphs, you may copy information from the
Services only as necessary for your personal use
to (a) view, (b) save, and (c) print, fax, call
or e-mail it. You agree not to otherwise
reproduce, modify, distribute, decompile,
disassemble, reverse engineer or otherwise any
portion of the Services. The materials posted on
these pages by e-Agent may be retrieved solely
for your own personal use and may be downloaded
to your own hard disk or sent to a printer
solely for that purpose. You may not otherwise
copy, modify or distribute the contents of these
pages without the express permission of e-Agent.
You may obtain access to other sites on the
Internet through these pages. By providing this
service, e-Agent does not undertake any
responsibility or liability for information or
publications of third parties on the Internet
even if you access them through these pages.
- Materials You Provide;
Privacy. For materials you post
or otherwise provide to e-Agent, Inc. including,
without limitation, in connection with the
Services (your "Submission"), you grant e-Agent,
Inc. permission to (1) use, copy, distribute,
transmit, publicly display, publicly perform,
reproduce, edit, modify, and translate your
Submission, in connection with the Services or
in any other media, and (2) sublicense these
rights, to the maximum extent permitted by
applicable law. e-Agent, Inc. will not pay you
for your Submission. e-Agent, Inc. may remove
your Submission at any time. For each
Submission, you represent that you have all
rights necessary to grant e-Agent, Inc. the
rights in this paragraph and that the Submission
complies with Section 2 above. e-Agent, Inc.
will treat your use of the Services in
accordance with its Privacy Policy.
- Security;
e-Agent, Inc. will not collect
any personally identifiable information about
you other than such items as your name,
telephone number and any other information you
or your computer transmits to e-Agent, Inc.. To
the extent that you provide any personally
identifiable information about yourself to any
other Website you access through any links with
e-Agent, Inc., you agree that the security for
such information shall be controlled by the
security provisions of each such other Website,
and not by e-Agent, Inc.
- e-Agent, Inc. Not a Provider;
e-Agent, Inc is not a provider
of any of the services offered by advertisers
appearing on its Website. e-Agent, Inc. does
not endorse or recommend the products or
services of any particular entity who advertises
on any of e-Agent’s websites. e-Agent, Inc. is
not an agent of either You, or any participating
advertisers. e-Agent's services are
administrative and consultative only. You should
rely on your own judgment in deciding which
available products or services best suits your
needs and financial means. The respective
service provider is solely responsible for its
services to You, and You agree that e-Agent,
Inc. shall not be liable for any damages or
costs of any type arising out, of or in any way
connected with, Your use of such services.
- e-Agent Fees;
e-Agent, Inc. does not charge
You a fee to use e-Agent’s service. e-Agent,
Inc. is paid a fee by participating advertisers
for the goods, facilities and services provided.
Your use of this Website and/or e-Agent, Inc.'s
services constitutes Your agreement with this
compensation arrangement.
- Restrictions;
You agree not to remove or
modify any copyright or other intellectual
property notices that appear in the Services.
You will not use the Services for resale or
other purposes other than your personal use.
Further, you agree not to use the Services in
any way that is unlawful, or harms e-Agent, Inc.
its service providers, suppliers or any other
user. You agree not to use the Services in any
way that breaches any code of conduct, policy or
other notice on the Services.
- Linked Materials:
The Services include links to
third-party products, services and Websites.
e-Agent, Inc. does not endorse, and takes no
responsibility for such products, services, and
Websites. You assume all risks associated with
the use any such third-party products, services
and Websites.
- Software
The Third Party Services that
may be accessed by You through links on any
web-site operated by e-Agent, Inc. may include
software for use in connection with the Third
Party Services. e-Agent assumes no liability or
responsibility for any such software.
- Intellectual Property
The Services are owned by, and
constitute the property, of e-Agent, Inc., and
are also subject to the intellectual property
rights of e-Agent, Inc. and its licensors. ©
2007 e-Agent, Inc.. All rights reserved.
- Claims of Copyright Infringement
e-Agent, Inc. respects the
intellectual property rights of others, and
requires that everyone using the Services do the
same. Anyone who believes that their work has
been reproduced on the Services in a way that
constitutes copyright infringement may notify
e-Agent, Inc.'s copyright agent in accordance
with Title 17, United States Code, Section
512(c)(2), by providing the following
information:
- Identification of the copyrighted work that
you claim has been infringed;
- Identification of the material that you
claim is infringing and needs to be removed,
including a description of where it is located
on the Services so that the copyright agent can
locate it;
- Your address, telephone number, and, if
available, e-mail address, so that the copyright
agent may contact you about your complaint; and
- A signed statement that the above
information is accurate; that you have a good
faith belief that the identified use of the
material is not authorized by the copyright
owner, its agent, or the law; and, under penalty
of perjury, that you are the copyright owner or
are authorized to act on the copyright owner's
behalf in this situation.
Notices of copyright infringement claims
should be sent as follows: By
mail: e-Agent, Inc. 1889 Preston White
Drive Suite 100 Reston, VA 20191 By
e-mail:
contracts@e-agent.biz
If you give
notice of copyright infringement by text e-mail,
e-Agent, Inc.'s copyright agent may begin
investigating the alleged copyright
infringement; however, we must receive your
signed statement by mail or as an attachment to
your e-mail before we are required to take any
action.
- No Warranty
E-AGENT, INC. PROVIDES THE
SERVICES "AS IS," "WITH ALL FAULTS" AND "AS
AVAILABLE," AND THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, e-Agent, INC. AND
ITS SUPPLIERS AND ADVERTISERS MAKE NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED. E-AGENT, INC. AND ITS
SUPPLIERS AND ADVERTISERS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OR CONDITIONS, EXPRESS,
STATUTORY AND IMPLIED, INCLUDING WITHOUT
LIMITATION (A) WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE,
QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS
ARISING THROUGH COURSE OF DEALING OR USAGE OF
TRADE, AND (C) WARRANTIES OR CONDITIONS OF
UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
- Liability Limitation; Exclusive
Remedy
IN NO EVENT WILL e-Agent, INC.
OR ANY SUPPLIER OR ADVERTISER BE LIABLE FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR
PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR
RESULTING FROM THESE TERMS OF USE OR YOUR USE OF
THE SERVICES, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL E-AGENT’S LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID
E-AGENT
DURING THE SIX-MONTHS PRECEDING THE ACT OCCURRED
THAT YOU CONTEND GAVE RISE TO YOUR CLAIM AGAINST
E-AGENT. THE EXCLUSION OF DAMAGES UNDER THIS
PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY
FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE
DEEMED UNENFORCEABLE. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE
DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B)
BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY
OTHER CAUSE OF ACTION, TO THE EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY
APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY
PART OF THESE TERMS OF USE, OR YOU HAVE ANY
DISPUTE OR CLAIM AGAINST E-AGENT, INC. OR ITS
SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR
THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICES.
- Indemnification
As a condition of Your use of
this Website and/or e-Agent, Inc.'s services,
You agree to indemnify e-Agent, Inc. and its
advertisers from and against any and all
liabilities, expenses (including attorneys'
fees) and damages arising out of claims
resulting from Your use of this Website,
including without limitation any claims alleging
facts that if true would constitute a breach by
You of this Agreement.
- Changes; Discontinuance
e-Agent, Inc. reserves the
right to change the Terms of Use, and you are
responsible for regularly reviewing these Terms
of Use. Your continued use of the Services after
the effective date of such changes will
constitute acceptance of and agreement to any
such changes. e-Agent, Inc. may suspend or
discontinue the Services at any time to you
and/or to others, without notice.
- Licenses
e-Agent, Inc. is not a licensed
real estate broker or mortgage broker, and does
not broker real estate or mortgage transactions.
e-Agent is solely an advertising/marketing
Website whose
purpose is to connect consumers with the
advertisers linked to e-Agent, Inc.’s Websites.
- Choice of Law; Disputes
These Terms of Use are governed
by the laws of the Commonwealth of Virginia,
without giving effect to its conflict of laws
provisions. You agree to submit to exclusive
jurisdiction and venue in the state and federal
courts sitting in Fairfax County, Virginia or
Alexandria, Virginia for any and all disputes,
claims and actions arising from or in connection
with the Services and/or these Terms of Use. In
any dispute arising under this Agreement, the
prevailing party will be entitled to attorneys'
fees and expenses.
- General
You agree not to export from
anywhere any part of the Services provided to
you or any direct product thereof except in
compliance with, and with all licenses and
approvals required under, applicable export
laws, rules and regulations. All Services used
by the US Government are provided with the
commercial license rights described herein. If
any part of these Terms of Use are determined to
be invalid or unenforceable, then the invalid or
unenforceable provision will be replaced with a
valid, enforceable provision that most closely
matches the intent of the original provision and
the remainder of these Terms of Use will
continue in effect. The section titles in these
Terms of Use are solely used for the convenience
of the parties and have no legal or contractual
significance. e-Agent, Inc. may assign this
Agreement, in whole or in part, at any time with
or without notice to you. You may not assign
these Terms of Use, or assign, transfer or
sublicense your rights, if any, in the Service.
e-Agent, Inc.'s failure to act with respect to a
breach by you or others does not waive its right
to act with respect to subsequent or similar
breaches. Except as expressly stated herein,
these Terms of Use constitute the entire
agreement between you and e-Agent, Inc. with
respect to the Services and supersede all prior
or contemporaneous communications of any kind
between you and e-Agent, Inc. with respect to
the Services.
- Terms of Use Agreement for Advertisers
and Members
If you are an advertiser or
member of e-Agent, Inc.’s advertising and
promotion program, your use of the e-Agent, Inc.
Websites will be governed by the Terms of Use
Agreement signed by you.
e-Agent
reserves the right to change these Terms and
Conditions of Use at any time without notice.
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