AgentType.com

Terms of Use Last Modified: August 25, 2005


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These Terms of Use comprise a legal agreement ("Agreement") between AgentType, LLC. (hereafter referred to as "AgentType") and You and govern Your use of AgentType's online survey and Real Estate Career Assessment services (the "Services") and access to AgentType's proprietary personality reporting application and process software (the "Software") via http://www.AgentType.com/ or other designated AgentType web site or IP address (the "Site"). The Services, Software, Site and any other AgentType products or services are hereafter collectively referred to as the "System".

"You," "Your," "User(s)" or the "Buyer" means any individual or legal entity, its parent organizations, subsidiaries, directors, officers, affiliates, agents, and employees: (i) using or accessing the System, and/or (ii) identified in the registration and identification data provided to AgentType via the System, including, without limitation, employees, representatives, consultants, contractors, agents or third parties who are authorized to access or use the System by You (or by AgentType at Your request). "Related Parties" shall include, without limitation, parent organizations, subsidiaries, affiliates, directors, officers, agents, employees, attorneys, representatives, and licensors. The "Site" shall include, without limitation, all web pages, content, reports, profiles, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related thereto.

BY CLICKING THE "I ACCEPT" BUTTON OR ACCESSING OR USING ANY PART OF THE SYSTEM, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED FROM TIME TO TIME BY AGENT TYPE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE AND ACCESS OF THE SYSTEM. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT ACCESS OR USE ANY PART OF THE SYSTEM.

1. Entire Agreement; Amendment. Your access or use of the System is governed by this Agreement. This Agreement constitutes the entire agreement between You and AgentType and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the System and the subject matter of this Agreement. You should print a copy of this Agreement for Your records. AgentType may amend this Agreement at any time from time to time without specific notice to You. Any changes to this Agreement shall be effective immediately following the posting of such changes on the System. You agree to review this Agreement from time to time and agree that any subsequent access or use by You of the System following changes to this Agreement shall constitute Your acceptance of all such changes.

2. Our Survey and Your Profile Report. The System allows you to input personal and non-personal data by means of a survey in order to generate profile form intended to identify Your home buying needs ("Report"). This is a free Service. You may agree to have the Report containing the information you have provided forwarded to real estate and other third-party professionals referred by AgentType ("Third Party Professionals"). AgentType may refer Third Party Professionals to You, but AgentType does not engage in real estate brokerage services, lending or other regulated real estate services. The terms of any agreement between You and a Third Party Professional are not endorsed, recommended or otherwise known to AgentType. By completing the registration and survey process, You expressly consent to being contacted by us or our Related Parties via phone, fax, email, mail or other reasonable means at any of Your contact numbers or addresses, in order that we may provide the Services set forth on our Site, regardless of whether or not Your name is on any Do Not Call list. Agreeing to the submission of Your Report to a Third Party Professional will also serve as your express consent to being contacted by AgentType and such Third Party Professionals from whom you have requested services (such as a local real estate agent) via phone, fax, mail, email or other reasonably means. For complete details on our use of Your information, please see our Privacy Policy. You agree that all information provided in the survey and associated Report, whether on-line or otherwise, is accurate and complete. AgentType reserves the right to terminate or suspend access to the System by You should it believe that any information provided by You is inaccurate or misleading. AgentType reserves the right to modify or discontinue the Services and/or access to the System or the offering of any promotional program without notice to You.

3. You agree that access and use of any part of the System is AT YOUR SOLE RISK. AGENT TYPE MAKES NO REPRESENTATION, WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, RELATING TO ANY THIRD PARTY PROFESSIONAL OR OTHER THIRD PARTY, OR ANY GOODS OR SERVICES THEREOF. AGENT TYPE AND ITS RELATED PARTIES DISCLAIM ANY AND ALL LIABILITY RELATED TO THIRD PARTY PROFESSIONALS OR OTHER THIRD PARTIES' PRODUCTS OR SERVICES. AGENT TYPE MAKES NO WARRANTY AS TO THE QUALITY OR QUALIFICATIONS OF ANY THIRD PARTY PROFESSIONAL REFERRED TO YOU. UNDER NO CIRCUMSTANCES SHALL AGENT TYPE OR IT RELATED PARTIES BE LIABLE FOR ANY DAMAGES ARISING FROM ANY ACTIVITY OR TRANSACTION BETWEEN YOU, ANY THIRD PARTY PROFESSIONAL OR OTHER THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON ANY THIRD PARTY SITES OR ANY OTHER WEBSITE LINKED TO THIS SITE.

4. No Agency. Neither AgentType nor its Related Parties are an agent for any Third Party Professionals or other third parties or other users of the System. In no way is AgentType responsible for the delivery or quality of any goods or services or any disputes related thereto. Third Party Professionals, other users, AgentType and any other third parties accessing the System and their respective personnel are, and shall be, independent contractors, and no such party by virtue of this Agreement shall have any right, power or authority to act or create any representations, commitments, or obligation, express or implied, on behalf of the other party. For its services to Third Party Professionals, AgentType may receive payment in the form of a subscription fee or flat fee paid by such Third Party Professional for access to, or receipt of, Report(s). Any such payment due AgentType from a Third Party Professional shall be subject to an agreement between such Third Party Professional and AgentType. Your use of the System constitutes Your acknowledgement of, and agreement to, this compensation arrangement.

5. Promotional Offerings. AgentType may, from time to time, offer You promotional opportunities. These opportunities may include, but are not limited to, discounts for other products or services, give-a-ways or other incentives that are only available to consumers accessing the System. Your eligibility to participate in such incentives will be outlined in the terms for any such promotion. Not all users of the System may be eligible to participate in a particular promotional offering.

6. Proprietary Rights. AgentType (and its licensors, if applicable) own and shall own all right, title and interest in and to the System, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, logos, technical information, know-how, trade secrets and confidential or proprietary information, and other intellectual property rights throughout the world, whether currently existing or hereafter developed or acquired, and all Reports, disclosures and registrations with respect thereto. The System is protected under applicable copyrights, trademarks, and other intellectual property and proprietary rights and the commercialization, copying, modification, redistribution, use, or publication by You of any part of the System, except as expressly allowed by this Agreement, is strictly prohibited. AGENT TYPE<99>, HOME SWEET HOME<99>, the AgentType name, AgentType logo and other product and service marks associated with the System are trademarks and service marks of AgentType, and no right or license is granted to use them. Third party names or product and company names on the System, and any third party trademarks and copyrights displayed through the System, are the property of their respective owners. You do not acquire ownership right to any content, document, or other materials viewed or used through the System. The posting of information, content or materials on the System does not constitute a waiver of any right in and to the System, its underlying technology, content, information or materials. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to any patent, trademark or copyright or other intellectual property or proprietary rights.

7. Limited Right to Use. AgentType grants You a limited, non-exclusive, non-transferable right to access and use the System solely for the purpose of registration, completion of the survey and the generation of a Report and subject to the terms of this Agreement. The use, viewing, printing, or downloading of any part of the System, its contents, information, graphics, forms, or documents is restricted solely to the extent necessary to communicate or interact with AgentType, its Related Parties and Third Party Professionals and not for republication, distribution, assignment, sublicense, sale, or preparation of derivative works or for any other purpose. No information, graphic, content, form, material or document derived from, transmitted through, or otherwise related to the System may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your use as an authorized user.

8. Prohibited Uses of  System. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party an part of the System or any benefits obtained from the System, (ii) modify or make derivative works based upon the System; (iii) commercially exploit the System in any way, (iv) create Internet "links" to the System or "frame" or "mirror" any content contained in, or accessible from, the System on any other server, wireless or Internet-based device, (v) export, re-export or permit downloading of any portion of the System or any content in violation of any export or import law, regulation or restriction of the United States, its agencies or authorities; (vi) allow unauthorized parties to access or use the System, or (vii) reverse-engineer, decompile or disassemble any aspect of the System or attempt to discover any trade secrets or confidential or proprietary information contained in the System. All rights not expressly granted to You are reserved by AgentType and its licensors. AgentType reserves the right to revoke the aforementioned rights and license at any time without notice.

9. Password and Security. Your access to and use of the System requires You to register and provide Company with current, complete and accurate information as prompted by the applicable registration form. You will choose a password and user name. You are entirely responsible for maintaining the confidentiality of Your password and account. Furthermore, You shall be solely responsible and liable for all transactions and activities in connection with Your account, whether or not such transactions and/or activities were authorized by You. You agree not to provide Your account information to third parties and shall bear all responsibility for the confidentiality of Your password. You shall be responsible for the security, confidentiality and integrity of all messages and the content that You receive, transmit through or store via the System. You agree to notify Company immediately of any known or suspected unauthorized access to or use of Your account, Your password, or any other breach of security or misuse known to or suspected by You. You may change Your password at any time by following instructions on the Site. You hereby authorize Company to rely on any data, notice, instruction or request furnished by You to Company, or that Company reasonably believes to have been furnished by You.

10. Nontransferable. Access to and use of the System is for authorized Users only. You acknowledge and agree that You shall not permit anyone to access or use any portion of the System without the prior written consent of Company and only if such person has consented and agreed to the terms and conditions of this Agreement and the License Agreement, if any. Your right to use the System is not transferable. Any password or right given to You to access or use the System or obtain information or documents is not transferable. Unauthorized individuals attempting to access the System may be subject to prosecution.

11. Disclaimer of AgentType Warranties. YOU AGREE THAT YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SYSTEM, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF THE STORAGE AND TRANSMISSION OF DIGITAL INFORMATION, YOU ACKNOWLEDGE THAT THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. THE SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, EQUIPMENT MALFUNCTIONS, OR PERIODIC MAINTENANCE AND REPAIRS. AGENT TYPE AND ITS RELATED PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE SYSTEM.

YOU ACKNOWLEDGE THAT AGENT TYPE AND ITS RELATED PARTIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED VIA THE SYSTEM. YOU ALSO SPECIFICALLY AGREE THAT AGENT TYPE AND ITS RELATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS OR FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, MATERIAL AND/OR DATA DOWNLOADED FROM, TRANSFERRED THROUGH OR OTHERWISE RELATED TO THE SYSTEM. AGENT TYPE shall not be liable for Your actions with ANY THIRD PARTY PROFESSIONAL OR ANY OTHER THIRD PARTY OR the use of their SERVICES, or for any other actions arising from Your use of the system, disputes arising between You, ANY THIRD PARTY PROFESSIONAL OR OTHER THIRD PARTY.

AGENT TYPE AND ITS RELATED PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SYSTEM; AGENT TYPE AND ITS RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SYSTEM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SYSTEM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE. THE SYSTEM AND ANY INFORMATION, REPORTS OR SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AGENT TYPE AND ITS RELATED PARTIES.

THE SYSTEM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. AGENT TYPE AND ITS RELATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SYSTEM, ANY INFORMATION CONTAINED THEREON. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IN OR IN ANY WAY CONNECTED OR LINKED TO THE SITE IS DISCLAIMED. AT TIMES THE SYSTEM MAY CONTAIN LINKS TO INFORMATION OR WEBSITES MAINTAINED BY OTHER THIRD PARTIES, WHICH ARE PROVIDED AS A CONVENIENCE TO USERS OF THE SYSTEM. THESE LINKED WEBSITES OR INFORMATION ARE NOT UNDER THE CONTROL OF AGENT TYPE AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS AND INFORMATION DOES NOT IMPLY AN ENDORSEMENT, AND AGENT TYPE IS NOT RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION OR WEBSITES.

12. Limitation of Remedy and Liability. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM. IN NO EVENT SHALL AGENT TYPE OR ITS RELATED PARTIES BE LIABLE TO ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ECONOMIC ADVANTAGE, ETC.), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE, EVEN IF AGENT TYPE OR ITS RELATED PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, BUT IN NO WAY LIMITING THE GENERALITY OF THE FOREGOING, AGENT TYPE AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SYSTEM, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE. THE NEGATION OF DAMAGES AND LIMITATION OF REMEDY AND LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AGENT TYPE. THE SYSTEM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF AGENT TYPE AND ITS RELATED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

13. Your Warranties. By accessing or using any part of the System, You, make the following representations and warranties: (i) You are at least eighteen (18) years of age and have the legal capacity and authority to (a) be bound by this Agreement and (b) access and use the System in accordance with this Agreement; (i) You will not use the System for any purpose that is unlawful, or prohibited by this Agreement; (ii) all information supplied by You is true and accurate, including information submitted as part of the registration process or within the survey or Report; and (iii) Your conduct relating to the System shall be at all times in compliance with all applicable law.

14. Indemnification. You agree to indemnify, defend, and hold AgentType and its Related Parties harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in connection with: (i) any infringement or alleged infringement, or violation or alleged violation, of any intellectual property, trade secret or other right of a third party in connection with Your access to or use of the System; (ii) Your negligent or wrongful acts or omissions; (iii) any content or information You submit, post to or transmit on or through the System, (iv) Your breach or violation of this Agreement; or (v) any dispute between You and any Third Party Professional or any other third party. If You are a California resident, You hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." AgentType shall have the right to employ separate counsel and to participate in any such action, but the fees and expenses of such counsel shall be at the expense of AgentType unless: (a) the employment of counsel by AgentType has been authorized by You; (b) AgentType has been advised by its counsel in writing that there is a conflict of interest between AgentType and You in the conduct of the defense of the claim (in which case You shall not have the right to direct the defense of the action on behalf of AgentType); or (c) You have not in fact employed counsel to assume the defense of the claim within a reasonable time following receipt of the notice thereof, in each of which cases the fees and expenses of such counsel shall be at the expense of You. You shall not enter into a settlement or compromise of any such claim that does not contain an unconditional release of AgentType without AgentType's prior written consent, which may be given or withheld in AgentType's sole discretion.

15. Use of Information. AgentType reserves the right, and You authorize AgentType, to use and assign all information regarding System uses by You and all information provided by You in any manner consistent with this Agreement and/or AgentType's Privacy Policy.

16. Privacy Policy. You agree to abide by AgentType's Privacy Policy, which is contained on the Site and by this reference is expressly incorporated into this Agreement. Personal and non-personal information is gathered and disseminated from the Site. For further information, see AgentType's Privacy Policy.

17. Miscellaneous. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the City and County of Denver, Colorado, U.S.A. in all disputes arising out of or relating to this Agreement and the use of the System. You consent to extraterritorial service of process in connection with such disputes. AgentType's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that this Agreement and all incorporated agreements may be automatically assigned by AgentType, in its sole discretion, to a third party in the event of a merger or acquisition. All of the terms and provisions of this Agreement shall inure to the benefit of, and be enforceable by, AgentType and its respective successors and assigns. Any Sections, which by their nature, are intended to survive, shall survive any termination or expiration of this Agreement. The prevailing party in any legal action arising out of or related to this Agreement shall be entitled, in addition to other rights and remedies it may have, to its costs and reasonable attorney's fees. Any notices may be given to You by email to the email address you provide to AgentType during the registration process. Notice shall be deemed given 24 hours after email is sent, unless AgentType is notified that the email address is invalid. Alternatively, AgentType may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to AgentType during the registration process. All notices or other communications that are required to be given or may be given to AgentType shall be sufficient in all respects if given in writing and if delivered personally or by registered or certified mail, postage prepaid, to AgentType, 120 9th Avenue, Longmont CO 80501. Notice shall be deemed given 3 days after the date of mailing. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.



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