Terms of Service
These terms and conditions create a contract (the “Agreement”) between you and AgentZip.com. This website (the “Site”) is owned by Agent Zip Inc and Top Agent Connection Inc. and this page explains the terms by which you may use the Site. Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.” if you are a consumer, homeowner or homebuyer, you agree to the Terms of Service provided by Agent Zip Inc and Top Agent Connection Inc.
- Introduction to the Services
This Agreement governs your use of Agent Zip’s services and the use of this Site (collectively the “Services”). The Services are: (1) online advertising services; (2) limited non-exclusive license of EZ Marketing Pages
(http://www.appezlp.com/) proprietary customer relationship management software (the “Proprietary Software”); (3) training in the Proprietary Software; and (4) certain support services provided by EZ Marketing Pages at its sole discretion regarding the Proprietary Software. To use the Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply).
- Using the Services– Payment, Taxes and Refunds
You understand that prior to Agent Zip providing the Services you shall be required to pay an onboarding fee and enter a subscription plan. You will also be responsible for an advertising budget. There are various subscription plans (collectively the “Subscription Plan”). Your specific subscription plan is listed on your invoice. By starting your 90 Day Subscription Plan, you authorize Agent Zip to charge fees per the terms of your Subscription Plan each month, and any other charges you may incur in connection with your use of the Services. You will be automatically charged each month, or in the case of a prepaid plan per the terms of such plan, for your ongoing use of the Services. The onboarding fee and all the Subscription Plans fees are final and non-refundable after 72 hours.
Once you select a Subscription Plan, the cost of that Subscription Plan is guaranteed for the duration of that Subscription Plan only and does not include any renewals. Except as provided herein, Subscription Plan prices may change at any time with or without notice.
For details about how your payment method is charged, please
Any intentions to dispute any charge related to any of the Services, you must contact in writing at email@example.com within thirty days of the disputed charge. You waive any disputes not reported within thirty days of the disputed charge. At Agent Zip’s sole discretion, you may be entitled to a prorated partial refund of any unused portion of your advertising budget. If technical problems caused by Agent Zip’s site, as determined in Agent Zip’s sole discretion, prevent or unreasonably delay delivery of the Services, your exclusive and sole remedy is either replacement of the Services or refund of the last charge paid.
You may be billed fees, charges and assessments related to late or non-payments if for any reason:
- Agent Zip does not receive payment for the Services by the payment due date.
- You pay less than the full amount due for the Services.
YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH (OR THE
MAXIMUM AMOUNT PERMISSIBLE BY LAW IF SUCH AMOUNT IS LESS) FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER TEN (10) DAYS FROM THE DUE DATE.
Agent Zip does not anticipate that you will fail to pay for the Services on a timely basis, and Agent Zip does not extend credit to our customers. Any fees, charges and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate or Agent Zip’s costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when such fees, charges and
- Whether you will pay for the Services on a timely basis
- If you do pay
late,when you will actually pay
- What costs we will incur because of your late payment or nonpayment.
With Agent Zip’s use of a collection agency or attorney to collect money owed by you, you agree to pay the reasonable cost of collection. These costs include, but are not limited to any collection agencies fees, reasonable attorneys’ fees and arbitration or court costs. If you fail to pay the full amount due for any or all the Services then Agent Zip, at its sole discretion in accordance with and subject to any applicable law, may suspend any or all of the Services.
There are no refunds after 72 Hours.
3. Monthly Advertising Budget
You understand and agree that Agent Zip uses your advertising budget, less service fee, to contract with certain other third-party providers to place internet advertising (the “Ad Budget”) on your behalf. Your Ad Budget is paid in advance and will be charged monthly at the commencement of your billing cycle. You may amend or cancel your Ad Budget at any time by notifying Agent Zip in writing at firstname.lastname@example.org (the “Ad Budget Notice”). The amendment or cancellation will be effective in the billing cycle immediately after you provide the Ad Budget Notice.
4. Ongoing Subscription
Unless you cancel your Subscription Plan in writing at email@example.com
5. Agent Zip Account
Using the Services requires an account (the “Account”). The Account is the account you use across Agent Zip’s ecosystem. Your account is valuable, and you are responsible for maintaining its confidentiality and security. We are not responsible for any losses arising from the unauthorized use of your Account. Please contact us if you suspect that your Account has been compromised.
6. Programs Powered by Agent Zip
Agent Zip is a one stop shop for all your marketing and advertising needs. We specialize in buyer and seller lead generation nationwide.
a. Agent Zip Exclusive Buyer Lead Generation
Can be purchased in zip codes, cities and counties. Availability per spot is based on several factors but not limited to home sales, median home values, available inventory and population. Lead Expectation will differ per area. Each lead will be delivered via text email and funnel into the dashboard we provide for you. Our system integrates with all other CRM’s, so essentially you can work all the leads from your own system. We also provide an account with Lion Desk CRM if you do not have a management system you’re happy with. Each account comes with a custom funnel that drives consumers to your website or property search.
b. Agent Zip Exclusive Seller Lead Generation
Can be purchased in cities and counties. Availability per spot is based on several factors but not limited to home sales, median home values, available inventory and population. Each lead will be delivered via text email and funnel into the dashboard we provide for you. Lead Expectation will differ per area. Our system integrates with all other CRM’s, so essentially you can work all the leads from your own system. We also provide an account with Lion Desk CRM if you do not have a management system you’re happy with. Each account comes with a custom funnel that is designed to capture as much information as possible from each homeowner.
c. Agent Zip- Recruitment
Can be purchased by the city or county and each area is limited by availability. Availability per spot is based on several factors but not limited to home sales, the number of active agents per market and overall size of the market. Each lead will be delivered via text email and funnel into the dashboard we provide for you. Our system integrates with all other CRM’s, so essentially you can work all the leads from your own system. We also provide an account with Lion Desk CRM if you do not have a management system you’re happy with. Each account comes with a custom funnel that is designed to capture as much information from each agent or team. This form can be customizable based on the kind of talent you’re looking for.
8. Usage Rules
Your use of the Services and this Site must follow the rules set forth in this Agreement, including but not limited to this section (the “Usage Rules”). Any other use of the
Services and Site is a material breach of this Agreement. Agent Zip may monitor your use of the Services and Site to ensure that you are following this Agreement and the Usage Rules.
- You may use the services and site only for your commercial purposes. You may not share or sell the information from the site or the services with any other person or entity.
- You may access the services only using the interface and instruction that we provide. You may not modify or use modified versions of our site or our software.
- You understand that Agent Zip does not verify whether the services comply with your jurisdiction’s laws, rules and regulations. You understand and agree that you are responsible for complying with all applicable laws, regulations and rules. Access to the materials in the Site or use of the Services where illegal is prohibited.
- You may not tamper with or circumvent any security technology included with the services or the site.
- Agent Zip’s delivery of the Services does not transfer any rights to you and does not constitute a grant or waiver of any of Agent Zip’s rights towards its intellectual property.
- You agree to not use this site or any of the services to: defame, abuse, harass, stalk, threaten or otherwise violate any legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; and upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Agent Zip has the right at our sole discretion to remove any content posted on the site or through the services for whatever reason. Agent Zip is not responsible for any delay or failure in removing such content.
9. Changes to Service / Site
Subject to applicable law, Agent Zip has the right to change the Services and the Subscription Plan rates, at any time with or without notice. With given notice, it may be provided on your monthly statement, by email, or other communication permitted under applicable law. If you find a change in the Services unacceptable, you have the right to cancel your Subscription Plan and, notwithstanding anything else in this Agreement, may be entitled to a pro-rata refund. However, if you continue to receive the Services after the change, this will constitute your acceptance of the change.
A. Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the services strictly in accordance with this Agreement. Using the Services does not give you ownership of any intellectual property rights in the services, the site or the content you access. Do not remove, obscure or alter any legal notices displayed in or along the Services or the Site. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the software and services that
B. Third Party Sites
C. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE AND THE SERVICES PERFORMED OR PROVIDED ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AGENT ZIP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY. QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AGENT ZIP OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
D. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AGENT ZIP BE LIABLE
FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY
TO USE THE SITE AND THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF EZAgentLeads
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL AGENT ZIP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES
(OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING
PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold harmless Agent Zip, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your violation of this Agreement, use of or inability to use the Services, any user postings made by you, violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You will provide notice to Agent Zip of any matter subject to indemnification by you, including but not limited to any claims, lawsuits, investigations or demands within ten days of discovery by you. Agent Zip reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Agent Zip in asserting any available defenses.
F. Governing Law; Venue
This Agreement and the relationship between you and Agent Zip shall be governed by the laws of the State of Arizona, excluding its conflicts of law provisions. You and Agent Zip agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Diego, CA to resolve any disputes or claims arising from this Agreement.
G. Dispute Resolution
Any claim or controversy arising out of or relating to the use of AgentZip.com or
TopAgentConnection.com services, to the goods or services provided by Agent Zip or
Top Agent Connection, or to any acts or omissions for Agent Zip or Top Agent Connection which you may contend is liable, including but not limited to any claim or controversy as to arbitrarily
(“Dispute”), shall be finally, and exclusively, settled by arbitration venue in San Diego CountyCalifornia. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rulesthe . Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to AgentZip.com or TopAgentConnection.com. In any arbitration, the arbitrator will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the no prevailing party. To begin the arbitration process, a party must make a written demand there for. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego County, California.
The arbitrators shall not have the power to award damages in connection with any Dispute more than actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any nonparty, regardless of the nature of the issues or disputes involved.
H. Waiver of Class Action
There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the public, other users of the Site or the Services, or other persons similarly situated. Agent Zip Inc would not be willing to provide the Services to you absent this waiver. You acknowledge and agree that you are under no obligation to use this Site or the Services if you are not willing to waive class action rights, and you expressly agree to this waiver.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and
Agent Zip as a result of this agreement or use of the Services or the Site. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. This
Agreement constitutes the entire and only agreements between you and Agent Zip with respect to the Services and the Site and supersedes all other communications and agreements with respect to the subject matter thereof.
J. Electronic Communications
Visiting this Site or sending emails to Agent Zip constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
K. Digital Millennium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within Agent Zip’s control, Agent Zip is under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, Agent Zip respects the copyright interests of others. It is Agent Zip’s policy not to permit materials known to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide Agent Zip with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
L. Special Provisions Applicable to Users Outside the United States
The following provisions apply to users who interact with Agent Zip outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are on the U.S. Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities on Agent Zip. You will not use the Services or the
Site if you are prohibited from receiving products, services, or software originating from the United States.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
All DMCA notices should be sent to our designated agent as follows:
Agent Zip Inc
7510 Clairemont Mesa Blvd. #212
San Diego, CA, 92111.