|
Rebate Terms and Conditions The following are terms of a legal agreement between you and Property Crossing Realty Corporation dba AgsReward.com. By accessing, browsing and/or using this site ("Site") or the services provided by AgsReward.com, you acknowledge that you have read, understood, and agree, to be bound by these terms. If you do not agree to these terms, do not use this Site and do not avail yourself of the services provided by AgsReward.com.
USE OF INFORMATION THAT YOU PROVIDE You authorize AgsReward.com to contact you using information that you provided and also authorize AgsReward.com to forward your information to our network of real estate professionals. You agree that any and all information that you provide to AgsReward.com is true and complete and you expressly consent to calls from AgsReward.com and from our network of service providers. REALTY SERVICESAgsReward.com is a licensed real estate broker. In certain geographic areas, AgsReward.com has agents that directly work for our brokerage firm and in other areas we act as a referring broker. If we act as a referring broker, we will refer you to a local pre-screened real estate broker and AgsReward.com will receive a real estate brokerage referral fee of up to 35% of the local broker's commission. Your use of this Web site and/or AgsReward.com' services constitutes your agreement with this compensation arrangement. The programs offered on this site may be available on modified terms, or may be prohibited, in certain jurisdictions. The programs may vary by region or state and other restrictions may apply. The offers made by AgsReward.com can be changed/withdrawn at any time. RESPONSIBILITY FOR SERVICE PROVIDERS This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. AgsReward.com does not operate or control the information, software, products or services available on such Web sites. AgsReward.com' inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. RELEASE If you have a dispute with one or more of our clients or Service Providers, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. POSTING COMMENTS ABOUT OUR SERVICE PROVIDERS While using the Site, you will have the opportunity to rate and post comments about our service providers. When posting comments you may not:
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our web site, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. CONTENT PROVIDED BY CUSTOMER AND SERVICE PROVIDERS When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) ERRORS AND DELAYS COPYRIGHT AND TRADEMARK NOTICES None of the material on this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AgsReward.com or the copyright owner. DISPUTE RESOLUTION The arbitration hearing shall take place in Williamson County, Texas and the hearing shall take place within four (4) months from the date of demand for arbitration. In any arbitration, the party bringing the claim shall pay the filing fee and the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. The arbitration shall be governed by the substantive laws of Texas, without regard to conflicts of law rules. The arbitration hearings shall be continuous subject to weekends, holidays, or other days to be mutually agreed and the total days of hearing shall not exceed one (1) hearing day per party. Any judgment upon the award rendered by the arbitrators will be entered in any court of competent jurisdiction in Williamson County, Texas. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award incidential, consequential, special, punitive or other forms of exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and AgsReward.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Williamson County, Texas. If either party employs attorneys to enforce any right in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees. DISCLAIMERS AND LIMITATIONS GENERAL TERMS 
The following are terms of a legal agreement between you and Property Crossing Realty Corporation dba AgsReward.com ("AgsReward.com"). By accessing,
browsing and/or using this site ("Site") or the services provided by AgsReward.com, you acknowledge that you have read, understood, and agree, to be
bound by these terms. If you do not agree to these terms, do not use this Site and do not avail yourself of the services provided by AgsReward.com.
AgsReward.com pre-screens all Service Providers that want to advertise their services on our site. In order to qualify to have your profile posted on our site, you must:
All of the information that you provide to AgsReward.com or that you post on our web site(s), including but not limited to your profiles, screening information, customer feedback/reviews, is the sole and exclusive property of AgsReward.com. AgsReward.com reserves the right, in its sole discretion, to review, reject, edit, and remove any content that you provide to AgsReward.com or that you upload to our web site. You authorize us to use your name and your company's name, as applicable, and any of the trademarks, service marks, trade names and logos ("Logos"), in the form or format that you supply to us, for use and posting on our Web site and for use in marketing materials. You represent that any such display or use of the Logos shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such Logos, it shall be your responsibility to provide any such limitations or restrictions to us in writing (at the time that you provide the Logos). Representations and Warranties You represent and warrant that you and your company (as well as any predecessor entities of your company):
You understand and agree that AgsReward.com' clients may rate the quality of your services and information that they post will be prominently posted on our site on a permanent basis. You will not hold AgsReward.com responsible for other users' actions or inactions, including messages that they post on our site. Referrals You agree not to sell, trade, gift, assign, or otherwise transfer any Referral provided by AgsReward.com to any other party. AgsReward.com does not make any representations or warranties regarding customers that we refer to you including, but not limited to, a customer's level of interest, their ability to pay, the accuracy of the information they provide, that any customer will hire you to perform services, or that you will be able to successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. AgsReward.com is free to contract with other Service Professionals as this is not an exclusive contract. Copyright You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any feedback or reviews about you or any other service providers that are contained on our web site(s). You also acknowledge that all content on our web site and other written materials is copyrighted and that you are strictly prohibited from using, copying, reproducing, distributing, republishing, downloading, displaying, posting, or transmitting in any form or by any means without the prior written consent of AgsReward.com. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to AgsReward.com for any such damages, and will indemnify AgsReward.com in the event of any third party claims against AgsReward.com based on or arising from your violation of the foregoing. You acknowledge and agree that AgsReward.com has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our web site. AgsReward.com is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our web site. Indemnity You accept responsibility for, and agree to indemnify and hold AgsReward.com, our agents, officers, directors, shareholders, partners, and employees ("Indemnified Parties") harmless from, any and all liability, damages, claims or proceedings (including reasonable attorneys fees) arising out of (i) claims related to your services or dealings with our customers, (ii) claims related to content that you provide to us or post on our site (including any failure to obtain the appropriate license, intellectual property rights, or any other permissions needed to post this material), (iii) any misrepresentations or breach of the warranties contained in this agreement, and (iv) violation of any laws or regulations, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF AGSREWARD.COM OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT BY AGSREWARD.COM OR THE INDEMNIFIED PARTIES. Limitation of Liability AgsReward.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, AND ALL OTHER SIMILAR DAMAGES, EVEN IF AGSREWARD.COM OR AN AGSREWARD.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE LAST 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Warranty Limitation AgsReward.com AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY MATTER RELATING TO OUR SERVICES, THE PERFORMANCE OF OUR WEBSITE, OR THE RESULTS TO BE OBTAINED FROM THE SERVICES OR FROM OUR REFERRALS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR AGSREWARD.COM'S SERVICES IS AT YOUR OWN RISK. Dispute Resolution Any dispute arising from or related to this agreement, to the goods or services provided by AgsReward.com, to any acts or omissions for which you may contend AgsReward.com is liable, or for any other claim related to AgsReward.com shall be settled by binding Arbitration in accordance with the then current rules of the American Arbitration Association ("AAA") in effect on the date of this agreement by a sole arbitrator that is acceptable to AgsReward.com. The arbitration hearing shall take place in Williamson County, Texas and the hearing shall take place within four (4) months from the date of demand for arbitration. In any arbitration, the party bringing the claim shall pay the filing fee and the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. The arbitration shall be governed by the substantive laws of Texas, without regard to conflicts of law rules. The arbitration hearings shall be continuous subject to weekends, holidays, or other days to be mutually agreed and the total days of hearing shall not exceed one (1) hearing day per party. Any judgment upon the award rendered by the arbitrators will be entered in any court of competent jurisdiction in Williamson County, Texas. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award incidential, consequential, special, punitive or other forms of exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and AgsReward.com, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Williamson County, Texas. If either party employs attorneys to enforce any right in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees. GENERAL TERMS This Agreement constitutes the entire agreement between you and AgsReward.com and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and AgsReward.com. AgsReward.com may at any time revise these terms by updating this posting. By using this Site or use our services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. AgsReward.com, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in AgsReward.com network immediately at any time for any or no reason. In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us (including any prepayments). The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You may not institute any action in any form arising out of this Agreement more than one (1) year after the cause of action has arisen. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  SCOTT EDWARD BIALEK IS LICENSED UNDER THE LAWS OF THE STATE OF TEXAS AND BY STATE LAW IS SUBJECT TO REGULATORY OVERSIGHT BY THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING. ANY CONSUMER WISHING TO FILE A COMPLAINT AGAINST SCOTT EDWARD BIALEK SHOULD COMPLETE, SIGN, AND SEND A COMPLAINT FORM TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. COMPLAINT FORMS AND INSTRUCTIONS MAY BE DOWNLOADED AND PRINTED FROM THE DEPARTMENT'S WEB SITE LOCATED AT WWW.SML.STATE.TX.US OR OBTAINED FROM THE DEPARTMENT UPON REQUEST BY MAIL AT THE ADDRESS ABOVE, BY TELEPHONE AT ITS TOLLFREE CONSUMER HOTLINE AT 1-877-276-5550, BY FAX AT (512) 475-1360, OR BY E-MAIL AT SMLINFO@SML.STATE.TX.US. THE DEPARTMENT MAINTAINS THE MORTGAGE BROKER RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN TYPES OF JUDGMENTS AGAINST A MORTGAGE BROKER OR LOAN OFFICER. NOT ALL CLAIMS ARE COMPENSABLE AND A COURT MUST ORDER THE PAYMENT OF A CLAIM FROM THE RECOVERY FUND BEFORE THE DEPARTMENT MAY PAY A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND, PLEASE CONSULT SUBCHAPTER F OF THE MORTGAGE BROKER LICENSE ACT ON THE DEPARTMENT'S WEB SITE REFERENCED ABOVE.  AgsReward.com respects your privacy. Across our business, around the world, we will only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you, for example, to (1) share product, service and company news and offerings with you, and (2) provide services to you (directly and/or through our network of Service Providers). We do not sell your personal information. At any time you may contact AgsReward.com with any privacy questions or concerns you may have. We strive to protect the security of your personal data by use of appropriate measures and processes. AgsReward.com only asks for specific types of personal information In a few areas on our Web site, we ask you to provide information that will enable us to enhance your site visit. It is completely optional for you to participate. For example, we request information from you when you:
AgsReward.com only uses your personal information for specific purposes The information you provide will be kept confidential and used to support your customer relationship with AgsReward.com. AgsReward.com may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you. In addition, AgsReward.com may be required to disclose personal information in connection with law enforcement, fraud prevention, regulation, and other legal action or if AgsReward.com reasonably believes it is necessary to do so to protect AgsReward.com, its customers, or the public. You can opt-out of AgsReward.com's marketing list at any time Periodically, we may send you information about our services. Only AgsReward.com (or agents working on behalf of AgsReward.com and under confidentiality agreements) will send you these direct mailings. If you do not want to be included on AgsReward.com marketing list, simply tell us when you give us your personal information. Or, at any time you can easily opt-out of AgsReward.com's marketing list by sending a written request to 402A W. Palm Valley Blvd. #365, Round Rock, Texas 78664-4200, ATTN: MARKETING OPT-OUT REQUEST AgsReward.com will not disclose your personal information to any outside organization for its use in marketing without your consent Your information may be shared with our network of Service Providers and agents/contractors of AgsReward.com for the purpose of performing services for AgsReward.com. Information regarding you (such as name, address and phone number) will not be sold by AgsReward.com to any outside organization for its use in marketing or solicitation without your consent. Third-Party Sites Please be aware that other web sites that may be accessed through our site may collect personally identifiable information about you. The information practices of those third-party web sites linked to AgsReward.com.com are not covered by this privacy statement. You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be careful and responsible whenever you're online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, AgsReward.com cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Other Web sites AgsReward.com's Web site contains links to other Web sites that are not operated by AgsReward.com. AgsReward.com is not responsible for the privacy practices of the Web sites that it does not operate nor are we responsible for the privacy practices of our Service Providers. Changes to the Policy Privacy Statement Effective Date: July 1, 2006 Material changes to this policy will be posted on AgsReward.com's Web site for 30 days.
Rebate Terms and Conditions |
|
|||||||||
