TERMS & CONDITIONS

By accessing Clientopoly.com (the Company) you (Subscriber) are agreeing to be bound by these Terms of 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.

DNS

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.

FREE TRIAL

If Customer's subscription comes with a free trial, the free trial begins on the day the customer orders the service.

Domain Names

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.

Bots, Crawlers, and Scrapers

Subscriber is prohibited from actions that result in bot access, crawler access, and/or scraper access to any website hosted by Clientopoly . Examples of permissible actions include Google and Bing indexing crawlers and bots. Maintenance Window

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.

Copyright

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.

SSL

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.

Refunds

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 Subscriber.

Links

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. Governing Law

Any claim relating to Provider's Website or Application shall be governed by the State of Utah without regard to conflict of law provisions.

Disclaimer

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.

Intellectual Rights

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.

Email

Subscriber grants Clientopoly permission to send Subscriber email regarding the service, product enhancements, weekly coaching, billing information, promotions, advertisements, newsletters, and general subscription notifications.

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

Provider may revise these terms of use for its Website and Application at any time without notice. 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 subscriptions.

Cancellation

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.

SMS/MMS Alerts

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.

Dispute Resolution

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.

Payment Information

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.

Equal Housing

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.

Termination

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.

Custom Modifications

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.

Personal Data

All users of Clientopoly software shall not use the software to store sensitive personal data. Privacy

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. For a detailed description of our policy please review our Privacy Policy at www.clientopoly.com.

Thank You

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.