Terms of Use

Privacy Policy

AgentSquared, Inc. (“AgentSquared”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting or using AgentSquared’s website, services, applications and any other linked pages, features or content offered from time to time by AgentSquared in connection therewith (collectively, the “ServiceService”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers AgentSquared’s treatment of personally identifiable information (“Personal Information”) that AgentSquared gathers when you are accessing or using AgentSquared’s Service. This policy does not apply to the practices of companies that AgentSquared does not own or control, or to individuals that AgentSquared does not employ or manage. In addition, the Service contains links to outside sources, both ones we have added ourselves and ones that members have submitted. While we attempt to provide links only to those sites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those sites. We encourage you to carefully review the privacy policies of any web sites you visit.

WHAT PERSONAL INFORMATION DOES AGENTSQUARED COLLECT?

The information we gather from customers enables us to personalize and improve our Service and to allow our users to set up a user account and profile that can be used to post content and interact with other users through the Service. In connection with the Service, we request and display some personal information to other users and visitors of the Service, which allows users to identify each other. We collect the following types of information from our customers.

Personal Information You Provide to Us:

We receive and store any information you enter on our Service or provide to us in any other way. The types of Personal Information collected may include your name, user name, address, phone number, email address, IP address, and browser information. The Personal Information you provide is used for such purposes as allowing you to post content and interact with other users, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features and select promotions from our partners and advertisers. We may also draw upon this Personal Information in order to adapt the services of our community to your needs, to research the effectiveness of our network, and to develop new tools for the community.

Personal Information Collected Automatically:

We receive and store certain types of information whenever you interact with our Service. AgentSquared automatically receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested.

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. AgentSquared only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of the Service so that we can make the Service appealing to as many customers as possible, and improve the Service. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our site. We may share this type of statistical data so that our partners also understand how often people use their services and our Service, so that they, too, may provide you with an optimal online experience. Again, AgentSquared never discloses aggregate information to a partner in a manner that would identify you personally.

Click here to adjust your advertising preferences

Email Communications:

We may receive a confirmation when you open an email from AgentSquared if your computer supports this type of program. AgentSquared uses this confirmation to help us make emails more interesting and helpful and improve our service.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. AgentSquared cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Service’s most attractive features.

Ads appearing on the Service may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by AgentSquared and does not cover the use of cookies by any advertisers.

SHARING PERSONAL INFORMATION THROUGH THE SERVICE

Please remember that if you choose to provide personal information using certain features of the Service, that information is governed by the privacy settings of those particular features and may be available to other AgentSquared users. Individuals reading this information may use or disclose it to other individuals or entities without our control and without your knowledge. Therefore, when using community message boards and discussion groups, we urge you to think carefully about including any specific information that might be used to identify you or your family members or any other information you deem private.

The Service allows you to connect with certain third party services. When you broadcast information to such third party services, such information is no longer under the control of AgentSquared and is subject to the terms of use and privacy policies of such third parties. Additionally, certain information may be made available to third party developers using our Application Programming Interface (“API”). Use of third party applications developed using our API are subject to the terms of use and privacy policies of such third party developers. You can control whether your AgentSquared activity is broadcast to third parties through your privacy settings.

WILL AGENTSQUARED SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?

Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to anyone. We may share your Personal Information only as described below.

Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through AgentSquared’s Service. In other situations, AgentSquared provides services, or sells products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business, if you have agreed to be solicited by marketing partners during the registration process.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, AgentSquared’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Communication in response to User Submissions: As part of the Service, you will receive from AgentSquared email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, AgentSquared may send you email and other communication that it determines in its sole discretion relate to your User Submissions.

Promotional Offers: We may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send an email with your request to support@AgentSquared.com. We may provide certain of your Personal Information to third parties if you affirmatively allow us to do so by opting in to an offer we make to you.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if AgentSquared, or substantially all of its assets were acquired, or in the unlikely event that AgentSquared goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of AgentSquared may continue to use your Personal Information as set forth in this policy.

Protection of AgentSquared and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with that law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of AgentSquared, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

IS PERSONAL INFORMATION ABOUT ME SECURE?

Your AgentSquared account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

AgentSquared endeavors to protect user information to ensure that user account information is kept private, however, AgentSquared cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Service may contain links to other sites. AgentSquared is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Service.

WHAT PERSONAL INFORMATION CAN I ACCESS?

AgentSquared allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as our Service changes.

  1. Username and password
  2. Email address
  3. User profile information

DELETING YOUR ACCOUNT

Should you ever decide to delete your AgentSquared account, you may do so by emailing the request to support@AgentSquared.com. If you terminate your account, your profile will be removed from the site and deleted from AgentSquared’s servers. Because of the way we maintain AgentSquared, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media.

WHAT CHOICES DO I HAVE?

  1. As stated previously, you can always opt not to disclose information to use, even though it may be needed to take advantage of certain AgentSquared features.
  2. You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, we may maintain a copy of the unrevised information in our records.
  3. You may request deletion of your AgentSquared account by sending an email tosupport@AgentSquared.com. Please note that AgentSquared will need to verify that you have the authority to delete the account, and some information may remain in our records after deletion of your account.
  4. If you do not wish to receive email or other mail from us, please notify us atsupport@AgentSquared.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the AgentSquared Service, and you are responsible for reviewing such legal notices for changes.

CHANGES TO THIS PRIVACY POLICY

AgentSquared may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Service or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Service after such changes have been first posted.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy at AgentSquared site, please send us a detailed message to: support@AgentSquared.com. We will make every effort to resolve your concerns.

Effective Date: November 1, 2015

API License

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS BETWEEN YOU (“PUBLISHER”) AND AGENTSQUARED, INC. (“AGENTSQUARED”), AND CONTAINS THE TERMS PURSUANT TO WHICH PUBLISHER ACCESSES AND PUBLISHES AGENTSQUARED CONTENT (AS DEFINED BELOW). BY USING THE AGENTSQUARED API TO ACCESS AGENTSQUARED CONTENT, PUBLISHER IS UNCONDITIONALLY CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE AGENTSQUARED API TO RECEIVE ANY AGENTSQUARED CONTENT.

  1. Introduction.

AgentSquared provides an online real estate listing service (the “Service”). Publisher is a real estate listing service or other person or entity that desires to publish real estate related information, images, graphics, statistics, data and other content available through AgentSquared application programming interface (such content, “AgentSquared Content” and such application programming interface, the “AgentSquared API”) on its website or in another electronic or print format (“Publisher Listings”).

  1. AgentSquared API.

Publisher’s use of the AgentSquared API is subject to all the terms and conditions of the AgentSquared, Inc. API License Agreement, located at http://developer.AgentSquared.com which is hereby incorporated by reference.

  1. License.

AgentSquared hereby grants to Publisher a non-exclusive, worldwide, license to access, use, reproduce, distribute, cache, replicate, transmit, modify (solely as described herein) and display AgentSquared Content solely in connection with Publisher Listings. Publisher shall not modify the AgentSquared Content, except such modifications as may be necessary to adapt the form of the AgentSquared Content for inclusion in Publisher Listings (and which do not affect the substance of the AgentSquared Content). Publisher acknowledges and agrees that as between AgentSquared and Publisher, Publisher owns all right, title and interest in the AgentSquared Content and nothing in this Agreement confers in Publisher any right of ownership in the AgentSquared Content.

  1. Notice and Takedown.

AgentSquared may from time to time reasonably determine that there is a bona fide legal issue or other business reason necessitating withdrawal of the AgentSquared Content. In that event AgentSquared will provide Publisher with written notice and Publisher will remove such content from the Publisher Website as soon as commercially practicable but in no event any later than twenty-four (24) hours following Publisher’s receipt of such notice.

  1. Publisher Obligations.

Publisher will not (a) except as expressly permitted in this agreement, modify, adapt or create derivative works of any AgentSquared Content; (b) display any AgentSquared Content in connection with any Objectionable Content. As used herein, “Objectionable Content” shall mean any material that is (w) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; (x) facilitates illegal activity; (y) depicts sexually explicitly images; or (z) promotes unlawful violence or discrimination based upon race, gender, color, creed, age, sexual orientation, disability, or any other illegal activities (all of the foregoing, “Objectionable Content”). Publisher shall defend, indemnify, and hold AgentSquared harmless from any liability, damages, costs and expenses, including reasonable attorneys’ fees, relating to a third party claim that is related to or in connection with Publisher’s failure to comply with the obligations set forth in this Section.

  1. Consideration.
  2. Certain items of AgentSquared Content may be associated with a bid amount (such content, “Monetizable Content”). For such Monetizable Content, AgentSquared shall pay Publisher the applicable bid amount upon completion of certain actions (as further described below, “Monetizable Actions”) by Bona Fide Users. As used herein, “Bona Fide Users” means third party users or readers of Publisher Listings (not including Publisher’s employees, officers, directors, contractors, agents or affiliates) that are genuinely interested leasing or purchasing real property within the next two (2) months, as determined in AgentSquared’s reasonable discretion. The following shall be Monetizable Actions: (a) a Bona Fide User requests and receives contact information associated with an item of Monetizable Content, (b) a Bona Fide User requests that his or her contact information (including first name, last name, e-mail address and phone number) is provided to a real estate company associated with an item of Monetizable Content, and such contact information is actually provided, and (c) a Bona Fide User makes a telephone call of at least ten (10) seconds in duration to the contact information he or she receives in connection with an item of Monetizable Content.
  3. The foregoing amounts shall be payable on a quarterly basis, in the next calendar quarter that is at least thirty (30) days after completion of the corresponding Monetizable Action.
  4. Term and Termination.

The initial term of this Agreement will commence on the initial date that Publisher accesses the API to receive AgentSquared Content and will continue until terminated. This Agreement may be terminated by either party at any time, for any reasons, upon ten (10) days prior written notice to the other party. Sections 8-10 of this Agreement, the indemnification obligations set forth in Section 5 and all accrued rights to payment shall survive termination or expiration of this Agreement. Termination of this Agreement shall terminate the licenses granted hereunder.

  1. Disclaimer.

NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

  1. Limitation of Liability.

EXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) AGGREGATE DAMAGES IN EXCESS OF THE AMOUNTS PAID BY AGENTSQUARED TO PUBLISHER HEREUNDER.

  1. Miscellaneous.

The parties are independent contractors and not joint venturers or partners, and neither party shall have the authority to bind the other. This Agreement may be executed in one or more counterparts, each of which shall be deemed and original, and together shall constitute one in the same instrument. Any notices to be given hereunder by either party to the other may be hand delivered or sent by overnight courier to the parties’ addresses as set forth herein (or to such other address designated by a party). This Agreement supersedes all other agreements between the parties with respect to the subject matter hereof. AgentSquared reserves the right, in its sole discretion to modify this Agreement at any time by posting a notice to AgentSquared.com. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and any Publisher’s accessing AgentSquared Content through the AgentSquared API following any such notification constitutes Publisher’s acceptance of the terms and conditions of this Agreement as modified. This Agreement may be modified, amended or superseded only by a written document signed by authorized representatives of both parties. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. This Agreement may not be assigned by Publisher without the prior written consent of AgentSquared. This Agreement shall be binding upon, and inure to the benefit of, any successor or permitted assign of the parties. The parties agree that if any provision of this Agreement is or becomes unenforceable or invalid for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement shall be binding and in full force and effect. No delay or omission by any party enforcing any of its rights or remedies hereunder will impair such rights or remedies or be deemed to be a waiver thereof. No waiver of any rights or remedies hereunder will be deemed to be a continuing waiver of such rights or remedies.

Publisher Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS BETWEEN YOU (“PUBLISHER”) AND AGENTSQUARED, INC. (“AGENTSQUARED”), AND CONTAINS THE TERMS PURSUANT TO WHICH PUBLISHER ACCESSES AND PUBLISHES AGENTSQUARED CONTENT (AS DEFINED BELOW). BY USING THE AGENTSQUARED API TO ACCESS AGENTSQUARED CONTENT, PUBLISHER IS UNCONDITIONALLY CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE AGENTSQUARED API TO RECEIVE ANY AGENTSQUARED CONTENT.

  1. Introduction.

AgentSquared provides an online real estate listing service (the “Service”). Publisher is a real estate listing service or other person or entity that desires to publish real estate related information, images, graphics, statistics, data and other content available through AgentSquared application programming interface (such content, “AgentSquared Content” and such application programming interface, the “AgentSquared API”) on its website or in another electronic or print format (“Publisher Listings”).

  1. AgentSquared API.

Publisher’s use of the AgentSquared API is subject to all the terms and conditions of the AgentSquared, Inc. API License Agreement, located at http://AgentSquared.com/policies/, which is hereby incorporated by reference.

  1. License.

AgentSquared hereby grants to Publisher a non-exclusive, worldwide, license to access, use, reproduce, distribute, cache, replicate, transmit, modify (solely as described herein) and display AgentSquared Content solely in connection with Publisher Listings. Publisher shall not modify the AgentSquared Content, except such modifications as may be necessary to adapt the form of the AgentSquared Content for inclusion in Publisher Listings (and which do not affect the substance of the AgentSquared Content). Publisher acknowledges and agrees that as between AgentSquared and Publisher, Publisher owns all right, title and interest in the AgentSquared Content and nothing in this Agreement confers in Publisher any right of ownership in the AgentSquared Content.

  1. Notice and Takedown.

AgentSquared may from time to time reasonably determine that there is a bona fide legal issue or other business reason necessitating withdrawal of the AgentSquared Content. In that event AgentSquared will provide Publisher with written notice and Publisher will remove such content from the Publisher Website as soon as commercially practicable but in no event any later than twenty-four (24) hours following Publisher’s receipt of such notice.

  1. Publisher Obligations.

Publisher will not (a) except as expressly permitted in this agreement, modify, adapt or create derivative works of any AgentSquared Content; (b) display any AgentSquared Content in connection with any Objectionable Content. As used herein, “Objectionable Content” shall mean any material that is (w) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; (x) facilitates illegal activity; (y) depicts sexually explicitly images; or (z) promotes unlawful violence or discrimination based upon race, gender, color, creed, age, sexual orientation, disability, or any other illegal activities (all of the foregoing, “Objectionable Content”). Publisher shall defend, indemnify, and hold AgentSquared harmless from any liability, damages, costs and expenses, including reasonable attorneys’ fees, relating to a third party claim that is related to or in connection with Publisher’s failure to comply with the obligations set forth in this Section.

  1. Consideration.
  2. Certain items of AgentSquared Content may be associated with a bid amount (such content, “Monetizable Content”). For such Monetizable Content, AgentSquared shall pay Publisher the applicable bid amount upon completion of certain actions (as further described below, “Monetizable Actions”) by Bona Fide Users. As used herein, “Bona Fide Users” means third party users or readers of Publisher Listings (not including Publisher’s employees, officers, directors, contractors, agents or affiliates) that are genuinely interested leasing or purchasing real property within the next two (2) months, as determined in AgentSquared’s reasonable discretion. The following shall be Monetizable Actions: (a) a Bona Fide User requests and receives contact information associated with an item of Monetizable Content, (b) a Bona Fide User requests that his or her contact information (including first name, last name, e-mail address and phone number) is provided to a real estate company associated with an item of Monetizable Content, and such contact information is actually provided, and (c) a Bona Fide User makes a telephone call of at least ten (10) seconds in duration to the contact information he or she receives in connection with an item of Monetizable Content.
  3. The foregoing amounts shall be payable on a quarterly basis, in the next calendar quarter that is at least thirty (30) days after completion of the corresponding Monetizable Action.
  4. Term and Termination.

The initial term of this Agreement will commence on the initial date that Publisher accesses the API to receive AgentSquared Content and will continue until terminated. This Agreement may be terminated by either party at any time, for any reasons, upon ten (10) days prior written notice to the other party. Sections 8-10 of this Agreement, the indemnification obligations set forth in Section 5 and all accrued rights to payment shall survive termination or expiration of this Agreement. Termination of this Agreement shall terminate the licenses granted hereunder.

  1. Disclaimer.

NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

  1. Limitation of Liability.

EXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) AGGREGATE DAMAGES IN EXCESS OF THE AMOUNTS PAID BY AGENTSQUARED TO PUBLISHER HEREUNDER.

  1. Miscellaneous.

The parties are independent contractors and not joint venturers or partners, and neither party shall have the authority to bind the other. This Agreement may be executed in one or more counterparts, each of which shall be deemed and original, and together shall constitute one in the same instrument. Any notices to be given hereunder by either party to the other may be hand delivered or sent by overnight courier to the parties’ addresses as set forth herein (or to such other address designated by a party). This Agreement supersedes all other agreements between the parties with respect to the subject matter hereof. AgentSquared reserves the right, in its sole discretion to modify this Agreement at any time by posting a notice to AgentSquared.com. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and any Publisher’s accessing AgentSquared Content through the AgentSquared API following any such notification constitutes Publisher’s acceptance of the terms and conditions of this Agreement as modified. This Agreement may be modified, amended or superseded only by a written document signed by authorized representatives of both parties. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. This Agreement may not be assigned by Publisher without the prior written consent of AgentSquared. This Agreement shall be binding upon, and inure to the benefit of, any successor or permitted assign of the parties. The parties agree that if any provision of this Agreement is or becomes unenforceable or invalid for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement shall be binding and in full force and effect. No delay or omission by any party enforcing any of its rights or remedies hereunder will impair such rights or remedies or be deemed to be a waiver thereof. No waiver of any rights or remedies hereunder will be deemed to be a continuing waiver of such rights or remedies.

Content Provider Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT IS BETWEEN YOU (“CONTENT PROVIDER”) AND AGENTSQUARED, INC. (“AGENTSQUARED”), AND CONTAINS THE TERMS PURSUANT TO WHICH CONTENT PROVIDER PROVIDES CONTENT (AS DEFINED BELOW) TO AGENTSQUARED. BY PROVIDING CONTENT TO AGENTSQUARED, CONTENT PROVIDER IS UNCONDITIONALLY CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT PROVIDE ANY CONTENT TO AGENTSQUARED.

  1. Introduction.

AgentSquared provides an online real estate listing service (the “Service”). Content Provider is a property database company or other person or entity that desires to provide certain real estate related content to AgentSquared to be used in connection with the service.

  1. License.

Content Provider hereby grants to AgentSquared a non-exclusive, perpetual, irrevocable, worldwide, license to access, use, reproduce, distribute, cache, replicate, transmit, modify and display information, images, graphics, statistics, data and other content provided by Content Provider to AgentSquared (“Content”) in connection with the Service.

  1. Consideration.

AgentSquared will pay to Content Provider a percentage of all revenue actually received by AgentSquared attributable to any Content Provider Content consistent with Content Provider’s level of participation in the Service as set forth below (“Revenue Share”): (see addendum)

  1. Payment Terms.

The Revenue Share shall be payable on a quarterly basis, within thirty (30) days of the end of the calendar quarter in which the corresponding revenue was received by AgentSquared.

  1. Ownership.

Content Provider shall retain all right, title and interest in and to the Content. AgentSquared or its licensors shall retain all right, title and interest in and to the Service.

  1. Warranties and Disclaimer.

Content Provider represents and warrants to AgentSquared that: (a) Content Provider has all necessary rights to grant the rights and licenses granted hereunder, including, without limitation, sufficient rights to Content provided by third parties; (b) Content Provider has the power and authority to enter into and perform its obligations under this Agreement; (c) Content Provider currently has no restrictions that would impair its ability to perform its obligations under this Agreement; (d) the Content does not and shall not include any material that (i) is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicitly images; or (e) promotes unlawful violence or discrimination based upon race, gender, color, creed, age, sexual orientation, disability, or any other illegal activities; (f) the Content does not and will not infringe upon, misappropriate or violate any right of any third party (including intellectual property rights and rights of privacy or publicity); and (g) the Content will not defame or otherwise injure any third party. Content Provider shall defend, indemnify, and hold AgentSquared harmless from any liability, damages, costs and expenses, including reasonable attorneys’ fees, relating to a third party claim that is related to or in connection with Content Provider’s breach of any of the foregoing representations and warranties. EXCEPT FOR THE FOREGOING, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

  1. Limited Liability.

EXCEPT WITH RESPECT TO THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 6, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR: (A) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT OR (B) ANY PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Term and Termination.

The initial term of this Agreement will commence on the initial date that Content Provider transmits content to AgentSquared and will continue until terminated. This Agreement may be terminated by either party in the event the other party materially breaches a provision of this Agreement and fails to cure such breach within fourteen (14) days after receiving written notice of such breach from the non-breaching party. Either party may terminate this Agreement at any time, without cause, upon thirty (30) days prior written notice. Sections 2, and 5 through 9 of this Agreement shall survive termination or expiration of this Agreement.

  1. Miscellaneous.

The parties are independent contractors and not joint venturers or partners, and neither party shall have the authority to bind the other. This Agreement may be executed in one or more counterparts, each of which shall be deemed and original, and together shall constitute one in the same instrument. Any notices to be given hereunder by either party to the other may be hand delivered or sent by overnight courier to the parties’ addresses as set forth herein (or to such other address designated by a party). This Agreement supersedes all other agreements between the parties with respect to the subject matter hereof. AgentSquared reserves the right, in its sole discretion to modify this Agreement at any time by posting a notice to AgentSquared.com. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and any provision of Content to AgentSquared by Content Provider following any such notification constitutes Content Provider’s acceptance of the terms and conditions of this Agreement as modified. This Agreement may be modified, amended or superseded only by a written document signed by authorized representatives of both parties. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. This Agreement may not be assigned by Content Provider without the prior written consent of AgentSquared. This Agreement shall be binding upon, and inure to the benefit of, any successor or permitted assign of the parties. The parties agree that if any provision of this Agreement is or becomes unenforceable or invalid for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of the Agreement shall be binding and in full force and effect. No delay or omission by any party enforcing any of its rights or remedies hereunder will impair such rights or remedies or be deemed to be a waiver thereof. No waiver of any rights or remedies hereunder will be deemed to be a continuing waiver of such rights or remedies.

AgentSquared Copyright Dispute Policy

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like AgentSquared, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

If there is a dispute between participants on this site, or between users and any third party, you agree that AgentSquared is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release AgentSquared, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”