"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 Vervacity 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 Vervacity 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 Vervacity 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. Vervacity 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.
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 Vervacity 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 Vervacity responsible for the delivery or quality of any goods or services or any disputes related thereto. Third Party Professionals, other users, Vervacity 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, Vervacity 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 Vervacity from a Third Party Professional shall be subject to an agreement between such Third Party Professional and Vervacity. Your use of the System constitutes Your acknowledgement of, and agreement to, this compensation arrangement.
5. Promotional Offerings. Vervacity 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. Vervacity (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 Vervacity name, Vervacity logo and other product and service marks associated with the System are trademarks and service marks of Vervacity, 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. Vervacity 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 Vervacity, 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 Vervacity and its licensors. Vervacity 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 Vervacity 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.
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 Vervacity 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." Vervacity 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 Vervacity unless: (a) the employment of counsel by Vervacity has been authorized by You; (b) Vervacity has been advised by its counsel in writing that there is a conflict of interest between Vervacity 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 Vervacity); 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 Vervacity without Vervacity's prior written consent, which may be given or withheld in Vervacity's sole discretion.
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. Vervacity'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 Vervacity, 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, Vervacity 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 Vervacity during the registration process. Notice shall be deemed given 24 hours after email is sent, unless Vervacity is notified that the email address is invalid. Alternatively, Vervacity may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Vervacity during the registration process. All notices or other communications that are required to be given or may be given to Vervacity shall be sufficient in all respects if given in writing and if delivered personally or by registered or certified mail, postage prepaid, to Vervacity, 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.
1. Types of Information Collected. In order to better serve consumers, AgentType.com may collect several types of information through the System, including both personal and non-personal information as described below. The information AgentType.com collects depends on how you choose to use the System.
Non- Personally Identifiable Information Collected. The System may automatically track and collect certain information about your visit that does not generally identify you individually. Similar to other commercial web sites, the System may use standard web measurement and tracking technologies like "cookies," (see explanation below, "Cookies"), web server logs, or other statistics programs, which keep records of traffic on the System. This data is generally anonymous information that does not personally identify you, e.g., "clickstream data," such as the domain name of the web site providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, your browser type and version, type of operating system and platform you use, the average user session length, the number of hits and pages viewed, top search engines and keywords, access times and other relevant statistics. AgentType.com and/or its web service provider use this information in the aggregate to measure the use of the System and to administer the System. AgentType.com also uses this information to improve your online experience. "Cookies" are small pieces of information that a web site transfers to a visitor's hard drive. Your World Wide Web browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of restrictive browser settings may limit the functionality available to your browser when using the System. Any cookies and other Internet traffic tracking technologies utilized in connection with the System are not designed to gather any personally identifiable information. In addition, the System may utilize web beacons (also known as "action tags" or "pixel .gif files") provided to our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize a browser's cookie when a browser visits the System and to learn which banner ads bring users to the System. Any information collected using these web beacons or action tags is not personally identifiable and unless otherwise notified, our advertising server does not link online actions to an identifiable person. To learn more about our third party advertising serving partner, cookies, and how to "opt-out," please Click Here.
Personally Identifiable Information Collected. When you visit the System, personally identifiable information about you is not collected unless you specifically provide it to AgentType.com. For example, when you register and complete the related survey through the System, you will be asked to provide certain personally identifiable information. The personal information we collect about you through such sources will vary, depending on the nature of the information you need to fulfill your request for services or in conjunction with a report generated using such information ("Report"), but may include, without limitation: (a) First and last name, home and/or business and email addresses, home and/or business telephone numbers, facsimile number, and/or other identifying information that permits AgentType.com or its partners and real estate and other third party professionals ("Third Party Professionals") to contact you. (b) Registration and password information
3. Reviewing/Changing Personally Identifiable Information. You can review and edit any of the personally identifiable information you have provided through the System at any time by clicking here. Other requests for access to your personally identifiable information may be made by writing to: email@example.com
4. Communications. Acceptance of email from AgentType.com is considered essential to the proper operation of the System. Therefore, we do not provide users with an independent means to unsubscribe from our email distribution list. Within your user profile you may select the types of alert notices you receive. If you believe we are distributing inappropriate or unnecessary email please let us know at firstname.lastname@example.org. By providing information (whether personally identifiable or not personally identifiable) you expressly consent to being contacted by us, Third Party Professionals and other authorized parties who perform services for us via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses. If you believe we are distributing inappropriate or unnecessary communications please let us know at email@example.com. You are given the opportunity to <91>opt-out<92> of having your information used for purposes not directly related to our web site at the point when asked for information. If you no longer wish to receive promotional communications, you may opt-out of receiving these communications by contacting us at firstname.lastname@example.org.
5. Security of Personally Identifiable Information. AgentType.com takes reasonable precautions and has implemented reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of personally identifiable information submitted to the System, including the use of Secure Sockets Layer (SSL) encryption technology supported by most versions of Microsoft Internet Explorer, Netscape Navigator and other popular browsers. Once your information is received by AgentType.com, we use commercially reasonable efforts to limit access to personal information about you to those employees and service providers whom we determine need access to that information to provide products or services to you. However, please be aware that your email transmissions containing personally identifiable information to the System may be unlawfully intercepted or accessed by third parties and/or the System may be subject to hostile network attacks or administrative errors. Accordingly, AgentType.com cannot and does not guarantee that your personally identifiable information is completely secure and safe from such risks.
6. Third Party Web Sites. The System may contain links to other web sites. AgentType.com is not responsible for the collection, use or disclosure of information collected through third-party web sites and expressly disclaims any liability related to such collection, use or disclosure. AgentType.com is not responsible for the practices employed by web sites linked to or from the System nor the information or content contained therein. Links to other web sites are provided solely as a convenience. Your browsing, use and interaction on any other web sites, including web sites which have a link to the System, are subject to that web site's own rules and policies and AgentType.com recommends that you review the information collection practices of such sites before using them or providing them with information.
7. Children's Use of the System. The System is not designed for or directed to children under the age of 13 and AgentType.com does not knowing collect personally identifiable information from children under the age of 13. We recommend that children under the age of 13 be supervised by an adult while using the Internet and request that children under the age of 13 not provide any personally identifiable information to the System.