ACT4SALE TERMS, CONDITIONS
Acceptance of the Terms of Service.
Welcome to ACT4Sale.com, the website and online service of Agent Compensation Talk, LLC. (collectively "ACT4Sale", "we", or "us"). These terms and conditions (collectively the “Terms” or the “Agreement”) apply to our online and/or mobile services, website, and any web services or applications owned, controlled, or offered by ACT4Sale (collectively the "Service"). This Agree-ment applies to all visitors, users, and others who access any or all of the Service ( "Users”).
OVERVIEW OF ACT4SALE SERVICE AND UPDATES
Accessing our Service.
By accessing or using the Service, you agree to be bound by these Terms of Service and to the collection, use and disclosure of your information as set forth in our Privacy Policy. You may use the Service only in compliance with this Agreement and all applicable laws and regulations. The Service is not available to any Users previously removed from the Service by ACT4Sale. If you are using the Service on behalf of a corporate or rights holder as an agent then (a) “you” includes you and the corporate or rights holder you are signing up on behalf of, and (b) you represent and warrant that you have the necessary authority and permissions required for you to accept the Terms of this Agreement. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use, access or continue to access the Service.
Use of Services.
Purpose. Historically, sellers have paid the commission for a buyer’s agent, but industry changes now allow buyer and sellers to negotiate this fee. ACT4Sale’s provides an online platform for sellers to communication their offers of compensation to buyers and their agents who subscribe to the Service. While the information provided by ACT4Sale is accurate, it is not to be considered a contractual agreement; parties should still verify and/or negotiate terms of sale with each other.
Warrantee. By listing on ACT4sale, you represent and warrant that your property listing(s), together with any other content or materials you provide complies with all applicable laws, regulations, policies and agreements, and does not violate any third party rights. You acknowledge and agree that you have the requisite authority and are authorized to negotiate and enter into a real estate contract on behalf of the listing’s seller. ACT4Sale is not a party to a real estate con-tract. ACT4Sale is committed to providing a platform that helps connect property sellers and buyer, however ACT4Sale is not a party to any relationship or agreement entered into between a Seller and Buyer and disclaims any and all liability relating thereto.
We cannot guarantee the suitability, reliability, or quality of the properties listed on ACT4Sale. ACT4Sale acts only as a platform to facilitate communications between real estate sellers and buyers and their agents. Your account is not transferable, and you may never use another User’s account without permission. When creating your account, you must provide accurate and com-plete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
Account Settings; Use of e-mail address. You may control your User profile and how you interact with the Service by changing the settings in the Account Settings section. By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Use of Personal Information in Communications. To prevent direct or indirect attempts to circumvent the Service, ACT4Sale has the right, but not the obligation, to prevent Users from including email addresses, phone numbers, and other personal information in communications sent via the Service. By using the Service, you represent and warrant that you have the rights to use any intellectual property - including trademarks and copyrights- that you upload to the plat-form. You grant ACT4Sale permission to use any name, logo, trademark, or copyright, to dis-play on our website, app, and in any marketing materials through any medium.
Subscription Payment.
Subscription payments are paid by buyers and/or buyer’s agents to access ACT4Sale.com online platform, including its property listings and corresponding offers of compensation by sellers and/or seller’s agents. Payment plans are listed on the Pricing page and are non-refundable within the contract term defined through the payment page. All Subscriptions are automatically renewed until canceled. The Subscription Payment will be charged using the Credit Card on file unless otherwise agreed in writing between ACT4Sale and the subscriber. Agents are subject to the same terms and conditions as the party, on whose behalf you are acting.
CANCELLATION
Cancellation of Subscription.
An ACT4Sale Subscriber may cancel at any time, by giving a minimum of 7 days’ notice be-fore the next scheduled Subscription Payment, by emailing [email address].
ACT4Sale Content.
Except for the content posted by you on the Service, you agree that the Service and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photo-graphs, and other content within the Service and all intellectual property rights in the foregoing (collectively, the “ACT4Sale Content”) are the exclusive property of ACT4Sale and its licensors. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to ACT4Sale Content. Use of the ACT4Sale Content for any purpose not expressly permitted by these Terms is not permitted.
Our license to you.
Subject to the terms and conditions of these Terms, we grant you a limited, non-transferable, and revocable license to use the Service, including accessing and viewing ACT4Sale Content, as expressly permitted by the features of the Service. ACT4Sale may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, ACT4Sale reserves all other rights and no other rights are granted by implication or otherwise.
LICENSES AND SERVICE ACCESS
Restrictions on Use.
You agree that you will not use our Service for any purpose not allowed by the terms of this Agreement, without our express written permission. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement, and any terms of these Terms which by their nature should survive termination shall do so.
RESOLUTION OF DISPUTES
Between You and Another User.
Because ACT4Sale is not a party to the real estate contracts between buyers and sellers in the event that you, as either a buyer or seller, have a dispute with one or more other buyer or seller, as applicable (each, an “Other Party”), you agree to address such dispute directly with the Other Party in question and you release ACT4Sale (and our officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from any and all claims, demands, or dam-ages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If a dispute arises between you and ACT4Sale, our goal is to resolve such dispute quickly and cost-effectively.
Arbitration.
Accordingly, any claim or controversy you have with us at law or equity that arises out of or re-lates to this Agreement or the Services will be resolved through dispute resolution, which may including binding arbitration if necessary.
THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ACT4Sale. ACT4Sale does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that neither this Agreement nor ACT4Sale’s Privacy Policy apply to your use of such sites.
WARRANTY DISCLAIMER
The service is provided by ACT4Sale on an "as is," “as available” basis, and without any warranties or conditions of any kind, express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, whether arising from a course of dealing or usage or trade. We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the ac-curacy of the postings made on the service by any third party.
THIRD-PARTY AGREEMENT DISCLAIMER
ACT4Sale does not monitor the terms of any Agreement with a third party, and expressly dis-claims all liability regarding the same.