TERMS & CONDITIONS
By accessing Clientopoly.com (the Company) you (Subscriber) are agreeing to be bound by these
Condition and Use, all applicable laws and regulations, all applicable MLS rules, and all applicable
sections of the Realtor® Code of Ethics. You agree that you are responsible for
compliance with any applicable local laws. If you do not agree with any of these terms, you are
prohibited from using or accessing Clientopoly.com.
Your account may be disabled if any of these terms are violated. Under no circumstances will
compensation be awarded for any time an account has been temporarily disabled or permanently
terminated due to violation of our Terms of Service.
Subscriber shall either point Subscriber's website domain to Company's servers according to the
instructions provided or shall provide Company with registrar, login, and password. Company is
authorized to login to registrar and point Subscriber's domain to Company's servers as needed to point
Subscriber's domain anem to Companys servers.
If Customer's subscription comes with a free trial, the free trial begins on the day the customer orders the
Customer is responsible to keep domain name registration current with Customer's registrar.
Intellectual Property License
Subscriber grants non-revocable license without limitations to the Company for all images, text, and
other intellectual property delivered to the Company. Subscriber grants the Company non-exclusive,
non-revocable license to display image and text content provided by Subscriber.
Service Level Agreement
Company provides a service level agreement guarantee that Company's servers will have an uptime average of 99.9%
on a monthly basis.
Company reserves a maintenance window time of 07:00-09:00 GMT (close to midnight for U.S. time zones) for
maintenance, upgrades, security, and other modifications in which Company may need to restart servers.
Maintenance windows are not counted in calculations for the service level agreement.
Subscriber shall not provide to the Company or include on website any content which is not owned or for which the
Subscriber has an expiring license. Subscriber indeminfies the Company against all claims, costs, and penalties related to
any works protected under the United States Digital Millenium Copyright Act.
Websites that employ SSL/TLS (secure web page viewing) may become unviewable if Customer changes to a hosting provider that has
not installed a proper security certificate for Customer's domain name. Customer understands that a security certificate for SSL/TLS
will need to be obtained and installed by new provider to ensure all visitors to be able to access Customer's domain.
All products offered by the Company are on a subscription basis. Subscriptions are paid in advance
according to the product selection and product terms. The Company does not offer refunds in whole or
in part. The Company may, except when Subscriber violates the Terms of Service, offer refunds for
unfinished subscriptions only for cases in which the Company chooses to terminate service to the
Clientopoly does not review sites linked to its internet web sites and is not responsible for the
contents of any such linked sites. Subscriber-defined links may link directly to any real estate listings
site provided the site contains the property listing from which the link was generated. Subscriber may also
provide direct links to his/her real estate broker's website, the Subscriber's personal blog, and to relevant
photo tour pages. Use of any linked website is at the Subscriber's own risk.
Revisions and Errors
The materials appearing on Clientopoly hosted sites could include typographical, technical, or photographic
errors. Provider makes no warranty that any materials on its Website (clientopoly.com)
are current, accurate, or complete. Subscriber accepts all responsibility for Subscriber-entered
data fields and agrees to keep all information current, accurate, and complete.
Any claim relating to Provider's Website or Application shall be governed by the State of Utah
without regard to conflict of law provisions.
The materials on the Website and Application are provided "as is," "with all faults," and "as
available." Provider makes no warranties, expressed or implied, including without limitation,
implied warranties or conditions of merchantability, fitness for a particular purpose, or
non-infringement of intellectual property or other violation of rights. Further, the Provider makes
no representations concerning the reliability, likely results, or accuracy of the use of its
materials on its internet web site, nor items relating to such materials linked to its Website.
There are no warranties which extend beyond the face of this agreement.
Limitations and Indemnification
In no event shall the Provider be liable for damages arising out of the use or inability to use the
materials on the Website or Application, including without limitation, damages for loss of data or
profit, or due to business interruption, even if Provider or Provider's authorized representative
has been notified either orally or in writing of the possibility of such damage. Subscriber agrees
that subscriber shall indemnify, defend, save, and hold harmless Provider from any and all demands, liabilities,
losses, costs and claims, including attorney's fees asserted against Provider. The Subscriber's sole and
exclusive remedy shall be to discontinue using the Website and the Application.
All information and photographs displayed, including those on linked websites, must not contain any
violations or infringement of others' intellectual, trademark, industrial design, copyright, or
trade secret property rights. Additionally, Subscriber shall not post photos, logos, or trademarks
which infringe on any of the aforementioned intellectual rights of others.
Third Party Terms of Service
Subscriber shall adhere to the Terms of Service of each third party internet, website, database, and
social media service with which Provider integrates. Each of these individuals
or entities shall have the right to assert and enforce those provisions directly against you on its
own behalf. Subscriber submits or makes available for inclusion on publicly accessible areas of the
Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such content, in whole or
in part, and to incorporate such Content into other works in any format or medium now known or later
developed. "Publicly accessible" areas of the clientopoly.com and CenterStage for Real Estate Agents
are those areas of the Clientopoly network of Domains and Sub-domains that are intended by Provider
to be available to the general public.
Subscriber grants Clientopoly permission to send Subscriber email regarding the service, product enhancements,
weekly coaching, billing information, promotions, advertisements, newsletters, and general subscription
Clientopoly does not authorize the harvesting, mining or collection of email addresses or other
information from or through the Clientopoly Services. Clientopoly does not permit or authorize
others to use the Clientopoly Services to collect, compile or obtain any information about its
customers or subscribers, including but not limited to subscriber email addresses, which are
Clientopoly's confidential and proprietary information. Clientopoly does not permit or authorize any
attempt to use the Clientopoly Services in a manner that could damage, disable, overburden or impair
any aspect of any of the Clientopoly Services, or that could interfere with any other party's use
and enjoyment of any Clientopoly Service.
Site and Application Terms and Conditions of Use Modifications
By using the Website and Application you are agreeing to be bound by the then current version of
these Terms and Conditions of Use.
Price Changes and Recurring Subscriptions
The amount you pay for subscriptions will not change from the date of purchase. All subscriptions
are automatically renewing at the end of each subscription. From time to time, Provider may offer
special promotions and discounts which shall not be retroactive and cannot be applied to existing
When you cancel your services with Clientopoly IDX, your services will continue to be available through the
end of your current subscription period, which shall be your "Termination Date." Any and all services,
including email pointing, may be terminated on or after the Termination Date.
Provider may cancel Subscriber's subscription at any time without notice for any reason at its sole discretion,
including without limitation, if Provider believes the Customer has breached or violated these Terms and Conditions,
engaged in misuse or wrongdoing, acted in a fraudulent, inappropriate, hostile or abusive manner, failed to pay any
amount due, or acted in a manner inconsistent with any applicable law, regulation, rule or ordinance. Subscribers who
violate these Terms of Service shall not be entitled to a refund. All services provided through the Company
may be terminated immediately upon Cancellation.
Clientopoly IDX will send you alerts when various events happen on your website, not limited to but including lead capture.
signups, saved favorites, home valuation requests, and system udpates and notifications. Subscriber can change alert preferences
in the dashboard. Some critical Clientopoly IDX alerts may not be turned off.
Pornography and Obscenity
Subscriber may not post pornographic or obscene materials to the Company’s website, Subscriber’s website,
databases, email, or applications.
Provider and Subscriber agree to mediate any dispute through mediation in Salt Lake City, Utah. Provider
shall select a mediator from the Association of Mediators and Arbitrators.
Backups and Data Loss
Subscriber's use of the service by Provider is at Subscriber's sole risk. Provider is not responsible for files
and/or data residing on Subscriber's account. Subscriber agrees to take full responsibility for files and data
transferred and to maintain appropriate backup of files and data submitted to Provider.
Subscriber agrees to supply appropriate payment for the services received from Provider, in advance of the
time period during which such services are provided. Subscriber agrees that until and unless Subscriber notifies
Provider in writing via the Website, those services shall be billed on a recurring basis.
IDX Data Licensing
Subscriber assumes all responsibility to maintain an active IDX license, key, or subscription with the
MLS or MLS conglomerate (Data Service) used to provide real estate listing data, including the payment of all
fees imposed by Data Service, if applicable.
Code of Conduct
Subscriber agrees to the following Code of Conduct. Subscriber shall not engage in harassment or offensive
behavior, including but not limited to libelous, slanderous, abusive, invasive, vulgar, or
defamatory statements. Subscriber shall not infringe on the privacy rights or any other rights of any
person. Subscriber shall not use the service to advertise or promote events, products, services, or
businesses, except to display real estate listings that are available, under contract, or sold, or
to display the Subscriber's brokerage and contact information, and to display links to Subscriber's real estate
blogs or websites. Subscriber will not use the service to upload or propagate and virus, trojan horse,
worm, other malicious code, or do anything that might cause harm to the service or its Subscribers in any
way. Subscriber agrees not to attempt to gain access to secured portions of the site to which Subscriber does
not possess access rights. Subscriber may not conduct or promote any illegal activities using the service.
Subscriber agrees not to use the service to impersonate any person or entity, transmit or upload
unsolicited or unauthorized advertising, upload or transmit junk mail, spam, chain letters or
pyramid schemes, or to stalk or otherwise harass another Subscriber.
Subscriber agrees to adhere to all Fair Housing Laws. Provider does not review information provided by
Subscriber. Subscriber shall accept all responsibility for, and shall not make any discriminating
statements related to: race, color, religion, sex, familial status, handicap/disability, or source of income.
For more information, please visit the Equal Housing website at: http://www.hud.gov/offices/fheo/
Disruption of Services
From time to time there may be temporary disruption of services due to, but not limited to, internet
connectivity outages, server upgrades and maintenance, database improvements, third party
disruptions, API changes, or acts of nature. Temporary disruption of services are to be expected
from time to time. No refunds or credits shall be granted for temporary disruption of services.
Disruption of service shall also occur upon expiration of Subscriber subscription. Any disruption of
service may not come with prior notice from Provider.
Right to Use
Your right to use the services of this Provider is subject to any limitation, conditions, and
restrictions established by Provider form time to time, in Provider's sole discretion. Provider may
alter, suspend, or discontinue any aspect of the Service at any time, including the availability of
any feature, database, or content. Provider may also impose limits on certain features and aspects
of the service or restrict your access to parts or all of the service at any time.
Disclosure to Law Enforcement
Provider may disclose any subscriber information to law enforcement agencies without further
notification or consent to the subscriber upon lawful request from such agencies. Provider shall
cooperate fully with law enforcement agencies.
Subscriber may terminate subscription at any time. In the event the Provider terminates the service for
any reason, the automatically renewing subscription shall be cancelled.
Subscriber agrees that custom modifications are not free of charge. Any custom modifications will be
made in writing, signed by all Parties, and shall include the extent of the work along with the
fee for service.
Image Manipulation, Intellectual Property, Licensing
Subscriber grants Provider the right to modify image size, dimension, format, renaming and compression as
necessary for storage and display purposes. Any such image manipulations to Subscriber owned images shall
become the intellectual property of the Company. Subscriber grants non-revocable intellectual
property rights to any original or modified images owned by Subscriber. Subscriber retains intellectual
property rights, if applicable, to the original images only. Subscriber agrees to maintain
current licenses for any licensed images or other content.
All users of Clientopoly software shall not use the software to store sensitive personal data.
Your privacy is important to Clientopoly. No personal information or email addresses collected
will be shared or sold to third parties. This information that is collected on our
site such as e-mail addresses, names & phone numbers will only be used by Clientopoly and its
associates to help our clients and will not be sold to outside organizations. By entering this
information you are giving the Clientopoly subscribers, your social media associations, and anyone
having access to publicly viewable information the right to contact you via the methods you submit.
Clientopoly strives to create the most Subscriber-friendly and advanced social media tools for real estate
agents. We deeply appreciate your patronage and your support. We welcome feedback and suggestions,
and are always seeking new opportunities to improve our products. Suggestions and feedback may be
made by emailing us from www.clientopoly.com.