August 27, 2014
Jennifer Myers, Inc. (“We” or “Us”) operates Agentgradschool.com, which is an online information, strategy and advice website that provides techniques for selling real estate. The services We offer include any Agent Grad School-branded URL (the “Agent Grad School Website”), content creation, publishing and sharing features, application developer services, mobile services, and any other features, content, or applications We offer from time to time in connection with Agent Grad School’s business (collectively, the “Agent Grad School Services”). The Agent Grad School Services are hosted in the United States.
We may modify this Agreement from time to time and such modification shall be effective upon posting by Us on the Agent Grad School Website. Your continued use of the Agent Grad School Services after We post a revised Agreement signifies your acceptance in full of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information and content you post on or through the Agent Grad School website or that you provide to other Users. Your Agent Grad School profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Agent Grad School Members (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Agent Grad School assumes no responsibility or liability for such material. If you become aware of misuse of the Agent Grad School Services by any person, send an email to: Jennifer@agentgradschool.com with the Subject: Reporting Abuse.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Agent Grad School Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Agent Grad School Services if We determine, in our sole discretion, that you have violated this Agreement or pose a threat to Jennifer Myers, Inc., Agent Grad School.com, and/or its Users.
Eligibility. Use of the Agent Grad School Services and registration to be a Member of the Agent Grad School Services (“Membership”) is void where prohibited. By using the Agent Grad School Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Agent Grad School Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Agent Grad School Services or are a Member. You may request to terminate your Membership at any time, for any reason, by sending an email to: Jennifer@agentgradschool.com with the Subject: Cancel Membership. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
Fees. You acknowledge that We reserve the right to charge for any portion of the Agent Grad School Services and to change its fees (if any) from time to time in our discretion. If any services have a fee(s) associated with it, you will be notified and have the option to terminate. If We terminate your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Use by Members. The Agent Grad School Services are for the personal use of Members and may not be used for promotional purposes, unless specifically endorsed or authorized in writing by Us. For further information on this, please contact Us via email at: Jennifer@agentgradschool.com. We reserve the right to remove any or all commercial content in our sole discretion. Illegal and/or unauthorized use of the Agent Grad School Services, including collecting usernames, user id numbers, passwords, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Agent Grad School Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Agent Grad School Services.
Proprietary Rights in Content on Agent Grad School.com.
6.1 We do not claim any ownership rights in the text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you create and/or post on or through the Agent Grad School Services. After posting your Content to the Agent Grad School Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Agent Grad School Services, you hereby grant to Us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, syndicate, repackage, or distribute such Content on or through the Agent Grad School Services or through syndication to other third parties, including without limitation distributing part or all of the Agent Grad School Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Agent Grad School Website. We may, at our sole discretion, add Agent Grad School logo watermark(s) on your Content. By doing so, the ownership rights and licensing terms within this Agreement remain in full effect.
6.2 The license you grant to Us is non-exclusive (meaning you are free to license your Content to anyone else in addition to Us), fully-paid and royalty-free (meaning that We are not required nor obligated to pay you for the use on the Agent Grad School Services or syndicated distribution to other third parties of the Content that you post), sub-licensable (so that We are able to use affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Agent Grad School Services), and worldwide (because the Internet and the Agent Grad School Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Agent Grad School Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Agent Grad School Services or syndicated through other third parties does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, liabilities, and any other monies owing any person or entity by reason of any Content posted by you on or through the Agent Grad School Services.
6.4 The Agent Grad School Services contain Content of Jennifer Myers, Media, Inc and Agentgradschool.com (“Agent Grad School Content”). Agent Grad School Content is protected by copyright, trademark, patent, trade secret and other laws, and We own and retain all rights in the Agent Grad School Content and the Agent Grad School Services. We hereby grant you a limited, revocable, non-sublicensable license to reproduce and display the Agent Grad School Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Agent Grad School Website and using the Agent Grad School Services.
6.5 The Agent Grad School Services contain Content of Users and other licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, promote, or sell any Content appearing on or through the Agent Grad School Services.
6.6 We perform technical functions necessary to offer the Agent Grad School Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Agent Grad School Services.
7.1 We may reject, refuse to post or delete any Content for any or no reason, including Content that in our sole judgment violates this Agreement or which we deem to be offensive, illegal or violates the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Agent Grad School Services for inappropriate Content or conduct. If at any time We choose, in our sole discretion, to monitor the Agent Grad School Services, We nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Agent Grad School Services, and any material or information that you transmit to other Members and for your interactions with other Users.
Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Agent Grad School Services. We reserve the right to investigate and take appropriate legal action against anyone or any entity who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the Agent Grad School Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in our sole discretion:
8.1 is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or entity;
8.2 harasses or advocates harassment or terror toward another person, group or entity;
8.3 exploits people in a sexual, pornographic, or violent manner;
8.4 contains any nudity, excessive violence, or offensive subject matter or contains a link to an “adult website” or “adult content” (both defined using generally accepted definitions);
8.5 directly or indirectly solicits personal information, including but not limited to gender, sexual orientation, geographical location, address, phone number, email address, or age, from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk (perceived or real) to any person, entity, or country;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, providing pirated music or links to pirated music files; providing pirated videos or links to pirated video files; providing pirated photographs or links to pirated photographic files;
8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” “spamming”, or “phishing” (all defined using generally accepted definitions);
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes or facilitates any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or destructive devices, planning or plotting acts of terror, or buying, selling, or promoting illegal drugs & substances, or buying, selling, or promoting items made from endangered or protected species, or violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Us such as contests, sweepstakes, surveys, polls, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person(s) that you have posted without that person’s prior consent;
8.15 for profiles, uses sexually suggestive imagery or nudity or any unfair, misleading or deceptive or sexually-oriented Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, intellectual property rights, or any other rights of any person or entity.
The following are examples of the kind of activity that is illegal or prohibited on the Agent Grad School Website and through your use of the Agent Grad School Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 planning or participating in criminal or tortuous activity, including adult or child pornography, fraud, trafficking in obscene or illegal materials, drug dealing, gambling, terrorism, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Agent Grad School Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, We reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which We deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Agent Grad School Services, you acknowledge that you will have caused substantial harm to Us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Us $50 for each name on such unsolicited email(s) or other unauthorized commercial communication you send through the Agent Grad School Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Agent Grad School Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, change, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the advertisements on your personal profile page, or any Agent Grad School page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Agent Grad School Services or the networks or services connected to the Agent Grad School Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for profiles containing a Agent Grad School player, copying the code for your Agent Grad School Player and embedding it (or directing others to embed it) anywhere other than your profile on Agent Grad School;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the Agent Grad School Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Agent Grad School Services on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
8.30 using the Agent Grad School Services in a manner inconsistent with any and all applicable laws and regulations.
Protecting Copyrights and Other Intellectual Property. We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any other person or entity. We have the right, at our sole discretion, to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Agent Grad School Services in a way that constitutes copyright infringement, please send us a notification of claimed infringement, via the Contact Us section of the Agent Grad School website or via email to Jennifer@agentgradschool.com, with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Agent Grad School Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Agent Grad School’s Copyright Agent for notification of claimed infringement can be reached as follows:
Agent Grad School.com Copyright Agent
1108 H Street, NE
Washington, DC 20002
Member Disputes. You are solely responsible for your interactions with other Agent Grad School Members. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Members.
Disclaimers. We are not responsible for and make no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Agent Grad School Services, whether caused by Users of the Agent Grad School Services or by any of the equipment or programming associated with or utilized in the Agent Grad School Services and such User Content does not necessarily reflect our opinions or policies. Profiles and third party applications created and posted by Members on the Agent Grad School Website may contain links to other websites.
We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on the Agent Grad School Services does not imply approval or endorsement of the linked website by Us. When you access these third party sites, you do so at your own risk.
We take no responsibility for third party advertisements or third party applications that are posted on or through the Agent Grad School Services, nor do We take any responsibility for the goods or services provided by the advertisers. We are not responsible for the conduct, whether online or offline, of any User of the Agent Grad School Services.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
We are not responsible for any problems, service degradations, or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Agent Grad School Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Agent Grad School Services. Under no circumstances shall We be responsible for any loss or damage, including personal injury or death, resulting from use of the Agent Grad School Services, attendance at a Agent Grad School.com event, from any User Content posted on or through the Agent Grad School Services, or from the conduct of any Users of the Agent Grad School Services, whether online or offline. The Agent Grad School Services are provided “AS-IS” and as available and We expressly disclaim any warranty of fitness for a particular purpose or non-infringement.
We cannot guarantee and do not promise any specific results from use of the Agent Grad School Services.
Limitation on Liability. IN NO EVENT SHALL JENNIFER MYERS, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE AGENT GRAD SCHOOL SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JENNIFER MYERS, INC. FOR THE AGENT GRAD SCHOOL SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the Agent Grad School Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Agent Grad School Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the District of Columbia, U.S.A., without regard to its conflict of law provisions. You and We agree to submit to the exclusive jurisdiction of the courts located within the District of Columbia, U.S.A to resolve any dispute arising out of the Agreement or the Agent Grad School Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Indemnity. You agree to indemnify and hold Jennifer Myers, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Agent Grad School Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Agent Grad School Services causes Jennifer Myers, Inc. to be liable to another.
Other. This Agreement is accepted upon your use of the Agent Grad School Website or any of the Agent Grad School Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Jennifer Myers, Inc. regarding the use of the Agent Grad School Services. The failure of Jennifer Myers, Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Agent Grad School is a trademark of Jennifer Myers, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.