LAST MODIFIED: AUGUST 20 2021
The following terms and conditions (“Terms of Service”) are entered into between you and the Wise Agent LLC (the “Company”, “we”, “our”, or “us”) and govern your access and use of wiseagent.com (the “Site”), whether as a visitor, guest user or registered user. If you have any questions, please contact us at firstname.lastname@example.org
This Site is offered and available to users who are 18 years of age. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
We may from time to time and in our sole discretion, revise and update these Terms of Service. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Sections 19 or 20 hereof will not apply to any disputes for which the parties have actual notice of before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Subject to these Terms of Service, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and its content. However, such license is subject to these Terms of Service and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or its content, (b) distribute, publicly perform or publicly display any content, (c) modify or otherwise make any derivative uses of the Site or its content, or any portion thereof, (d) download (other than page caching) any portion of the Site or its content, except as expressly permitted by us, (e) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (f) interfere with the Site or servers or networks used in connection with the Site; or (g) use the Site or its content other than for their intended purposes. This license is revocable at any time.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Service, including without limitation, certain provisions of the Real Estate Settlement Procedures Act ("RESPA") and other applicable real estate laws. Information on the Site may be accessed, downloaded, and printed for the purpose of facilitating real estate transactions.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, disrupt, or copy our web pages or the content contained herein without our prior express written permission. Except with the prior written permission of the Company, you agree to refrain from accessing, or attempting to access secure or non-public areas of our Site. Individuals attempting unauthorized access to prohibited areas of the Site may be subject to prosecution.
We reserve the right to, in our sole discretion and without notice, withdraw or amend this Site or any Services or material we provide on the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to all or part of the Site. We reserve the right to disable any account if, in our opinion, you have violated any provision of these Terms of Service.
You are responsible for:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Service and comply with them.
You will treat your username, password, and any other piece of information used as part of our security procedures, as confidential. You also acknowledge that your account is personal to you and agree not to provide any unauthorized person to access this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account.
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site and your use of the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site and the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
You agree that you will not, and will not permit anyone else to, directly or indirectly:
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You acknowledge and agree that the Company may disclose or use any User Content that you Transmit for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of the Company, its customers or the public.
We do not sell or share your information without your express consent, nor will we allow a third party to access your database without your written approval and consent. However, if your account is being paid for by another party, your contact information may be available to them. For your convenience, the Company partners with and allows its users to utilize several third party integrated services (“Integrated Service”). To utilize these Integrated Services, you must expressly authorize the Company to give your contact information and personal database (“Personal Information”) to the Integrated Service. You have the ability to revoke access to your contact database to any of the third parties that you elected to subscribe to by deleting your API key from within Company Site.
The Company may participate in third party advertising contracts under which the third party pays an advertisement fee to Company for advertising exposure to participating users. Company has the right to make contracts with third parties concerning advertising on the Site. These contracts will be established on a case-by-case basis between Company and third parties. It is likely that Company may engage in one or more competing third parties to advertise their services on the Site. Fees and services charged by or provided by other third party vendors are excluded from these Terms of Service.
If you register with a sponsoring promo or partner code, you agree to share only your contact information with the sponsoring party so that they may contact you by phone, sms/mms text, in-person, or email. This information does not include your login information, information about your clients, or access to your account. While users of the Site may engage third party integrated partners for services, it is at their sole discretion and their use of the Site and subscription to the Company’s services do not require users to engage such third party integrated partners.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by the United States and International Intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
If you wish to make any use of materials on the Site other than that set out in this section, please address your request to: email@example.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Service, your right to use the Site will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You may not take any actions that may undermine the integrity of the feedback system. All forms on the Site are provided as available for use by the entire real estate industry. The use of this form is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. The Company recognizes these forms as reproductions and issues no warranty as to their validity, legality, or accuracy.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, terminate your membership and refuse to provide our services to you if: (a) you breach these Terms of Service or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or us.
The Site may contain links to third party websites operated by third parties. Such links are provided for your reference only. The Company does not control such third party websites and is not responsible for their contents. The Company's inclusion of links to such third party websites does not imply any endorsement of the material on such third party websites or any association with their operators. Any access or use of such third party websites, including information, material, products and services therein, shall be subject to the Terms of Service of such third party website and shall be solely at your own risk.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE SITE. COMPANY IS NOT RESPONSIBLE FOR ANY LOSS YOU MAY INCUR AS A RESULT OF USING THE SITE. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF THE LOSS OR THEFT OF USER INFORMATION TRANSMITTED FROM OR STORED ON A COMPUTER OR DEVICE OR FROM UNAUTHORIZED OR FRAUDULENT TRANSACTIONS ASSOCIATED WITH THE SITE. YOU AGREE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THEIR PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY OF THE SITE, WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF THE USE OF OR INABILITY TO USE ANY OF THE SITE OR ANY CONTENT CONTAINED THEREIN.
THE FOREGOING LIMITATIONS OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH INSTANCE, YOU AGREE THAT COMPANY’S MAXIMUM LIABILTY UNDER ANY CLAIM, CAUSE OF ACTION AND/OR LEGAL THEORY SHALL BE LIMITED TO $100.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Site, including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service. firstname.lastname@example.org
Definition: SPAM, also known as Junk email, is any unsolicited message, meaning the recipient has not given explicit permission to the sender to receive messages. Messages can be either via email or text messages (SMS/MMS).
By accepting our Terms of Service you agree to honor our Anti-SPAM policy in such that you will not send unsolicited email or text messages to email addresses and mobile numbers that you do not know. Furthermore, you will not use Wise Agent to send viruses, malware, worms, or other malicious content intentionally or unintentionally. You agree to refrain from sending messages to those that have requested to be removed from your list. In order to send bulk email messages from Wise Agent, you must verify your email address you will be sending from. Your email branding must include the sender’s name, company name, phone number, as well as a physical address.
Wise Agent will automatically add an unsubscribe link to each of your messages. Any of your recipients that click on that link will be safely unsubscribed from receiving any further bulk messages from you via Wise Agent.
Wise Agent will also handle all of the emails that get bounced or rejected from any mail server. We will append “BOUNCE” to the end of the email address to indicate that the email was undeliverable and also add them to a category name “BOUNCED” in your Wise Agent account.
Wise Agent may restrict your email sending, shut down your account and not issue a refund and may take legal action if you do not comply with this Anti-SPAM policy.
Wise Agent complies with all Anti-SPAM laws, including CAN-SPAM ACT the CASL-Canada and GDPR.
You and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
Except as explicitly stated otherwise, any notices shall be given by mail to:
Attn: Legal Department
16766 E Parkview Ave. #201
Fountain Hills, AZ 85268 USA
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to these Terms of Service or the Services, excluding legal action taken by the Company to collect our fees, recover damages, or obtain an injunction relating to the Site operations, intellectual property, and Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be exclusively conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00.
Disputes between you and the Company regarding the Services may be reported to Customer Support at email@example.com
These Terms of Service shall be exclusively governed in all respects by the laws of the State of Arizona. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and do not define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Service and Subscription Fees) with respect to fees owed for our services, Section 3 (Accessing the Site and Account Security), Section 12 (Disclaimer of Warranties), Section 13 (Limitation on Liability), Section 14 (Indemnification), and 18 (Arbitration) shall survive any termination or expiration of these Terms of Service.
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent the written information specified below.
The Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:
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