Welcome to TotalAgent.com. We offer real estate professionals a variety of services to promote the sale or lease of residential properties. By using our Web site (comprised of various services, software and products), you are agreeing to comply with and be bound by the following terms and conditions of use. The term “us” or “we”, or “our” refers to Million Dollar Productions LLC, DBA TotalAgent.com, the owner of the Web site. The term “you” or “your” refers to the user or viewer of our Web site.
THE FOLLOWING ARE TERMS OF A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND MILLION DOLLAR PRODUCTIONS LLC, DBA TOTALAGENT.COM. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING, BROWSING, PUBLISHING, BROADCASTING AND/OR OTHERWISE USING THIS WEB SITE (“SITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, CONDITIONS, AND NOTICES AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING U.S. EXPORT AND RE-EXPORT CONTROL LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, BROWSE AND/OR USE THIS SITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE OR REVISE THIS AGREEMENT. PLEASE CHECK THE TERMS POSTED ON TOTALAGENT.COM PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF TOTALAGENT.COM OR FOLLOWING THE POSTING OF ANY CHANGES TO THIS AGREEMENT CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
THE MATERIAL PROVIDED ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO, UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. THIS SITE IS CONTROLLED AND OPERATED MILLION DOLLAR PRODUCTIONS LLC, DBA TOTALAGENT.COM FROM ITS OFFICES WITHIN THE UNITED STATES. MILLION DOLLAR PRODUCTIONS LLC, DBA TOTALAGENT.COM MAKES NO REPRESENTATION THAT MATERIALS CONTAINED IN THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
Account Registration, Password and Security
You must complete a registration form in order to access the services provided by this Site. You will provide true, accurate, current, and complete information about you as requested in the registration form, and will update the information to keep it current. While completing the registration process, you will be required to create a user name and password. You agree that the user name and password that you enter when creating your account are available to you solely for your personal use. You agree that you will not share, sell, timeshare, loan, or provide access to the Site to non-registered parties or the general public through your registration or account. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify TotalAgent.com of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you logout from your account at the end of each session. TotalAgent.com cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements, either with or without your knowledge. However, you could be liable for losses incurred by TotalAgent.com or another party due to someone using your account or password. TotalAgent.com reserves the right to refuse service, remove or edit content, or cancel any service offered on the Site in our sole discretion. You may not use anyone else’s account at any time. YOUR PERMISSION TO USE THE SITE IS NOT TRANSFERABLE OR ASSIGNABLE. ANY PASSWORD PERMISSION GIVEN TO YOU TO OBTAIN INFORMATION IS NOT TRANSFERABLE OR ASSIGNABLE.
You represent and warrant that if you are purchasing something from us that: (a) any credit information you supply is true and complete; (b) charges incurred by you will be honored by your credit card company and/or banking institution; and (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Pricing information, including any fees shall be posted on the Site. We reserve the right to modify our pricing and any modifications will be posted on the Site. All payments to TotalAgent.com shall be rendered in United States Dollars.
In the event legal action is necessary to collect on balances due, you agree to reimburse TotalAgent.com for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses.
TotalAgent.com grants you a personal, non-transferable and non-exclusive revocable license to access and use the Site strictly in accordance with this Agreement. You acknowledge and agree that this is an Agreement for services, and you are not granted a license to any software by this Agreement.
Restrictions, Responsibilities and Prohibitions on Use Your license for access and use of the Site and any information and materials (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not, directly or indirectly:
(a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or use any network monitoring or discovery software to determine the Site architecture or algorithms of the services or any software, documentation, or data related to any service on the Site (“Software”);
(b) modify, translate, or create compilations or derivative works based on any service or any Software;
(c) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to any service or any Software;
(d) use any service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party;
(e) remove any proprietary notices or labels;
(f) use the Site or any Content and Materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(g) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of TotalAgent.com or any third parties;
(i) use any automatic or manual process to harvest information from the Site;
(j) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email, (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing, and (3) unsolicited telephone calls or facsimile transmissions;
(k) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
(l) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
You represent, covenant, and warrant that you will use the Site only in compliance with TotalAgent.com’s privacy policies as published at the Site or otherwise furnished to you (the “Policy”) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless TotalAgent.com and our affiliates or subsidiaries, and each of their respective officers, directors, shareholders, employees, contractors, agents, representatives, assigns and successors-in-interest from and against any and all claims, liabilities, penalties, losses, costs, damages, demands, actions, causes of action, suits, proceedings, judgments and expenses, including, without limitation, amounts paid in settlement, attorneys’ fees, court costs and other legal expenses in connection with any claim or action that arises from an alleged violation of the foregoing. Although TotalAgent.com has no obligation to monitor the content provided by you or your use of any service on the Site, TotalAgent.com may do so and may remove any such content or prohibit any use of the Site we believe may be (or alleged to be) in violation of the foregoing.
For every e-mail message sent in connection with any service on the Site, you acknowledge and agree that we may automatically add an identifying footer stating “Brought to you by TotalAgent.com” or a similar message. In using the varied features of the Site, you may provide information (such as name, contact information, or other registration information) to TotalAgent.com. TotalAgent.com may use this information and any technical information about your use of this Site to tailor our presentations to you, facilitate your movement through this Site, or communicate separately with you.
You are specifically prohibited from any use of this Site, and you agree not to use or permit others to use this Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and (c) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy TotalAgent.com’s Web pages, or the Content and Materials from the Site without TotalAgent.com’s prior written permission.
Privacy and Protection of Personal Information
You acknowledge and agree that the Site and any necessary Software used in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all Content and Materials presented to you through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by TotalAgent.com for use in accessing the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including photographic images, text, page layout, or form) of TotalAgent.com or our affiliates or subsidiaries, without the express written consent of TotalAgent.com. You may not use any meta tags or any other “hidden text” utilizing the TotalAgent.com name or trademarks without the express written consent of TotalAgent.com. Any unauthorized use terminates the permission or limited license granted by TotalAgent.com and subjects you to potential legal action.
All content included on this Site, including, without limitation, photographic images, text, graphics, logos, button icons, and audio clips, digital downloads, data compilations, and the selection, lay-out, design, arrangement, and “look and feel” thereof, and software, is the exclusive property of TotalAgent.com, our content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content and Materials on this Site is the exclusive property of TotalAgent.com and protected by U.S. and international copyright laws. All Software used on this Site is the property of TotalAgent.com and is protected by United States and international copyright laws. You may not “mirror” any material contained on this Site on any other server or website without prior written permission from TotalAgent.com. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, trade names, and logos (the “Trademark(s)”) used and displayed on this Site are registered and unregistered Trademarks of TotalAgent.com and others. TotalAgent.com and other TotalAgent.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TotalAgent.com or our affiliates or subsidiaries. TotalAgent.com trademarks and trade dress may not be used in connection with any product or service that is not TotalAgent.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TotalAgent.com. All other trademarks not owned by TotalAgent.com or our affiliates or subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TotalAgent.com or our affiliates or subsidiaries.
You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that: (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site; (b) your site does not engage in illegal or pornographic activities; (c) such link is to the entry, home page or landing page of this Site; and (d) such link does not portray TotalAgent.com or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any of the Trademarks or other proprietary information including the images found at this Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of TotalAgent.com. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. TotalAgent.com has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. TotalAgent.com does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Limited Exception for Photographers
Notwithstanding anything to the contrary contained herein, TotalAgent.com offers professional photography services. These professional photographers are hired by you as independent contractors and we merely act as a conduit for payment. If you choose to use a photographer on our Site, we will collect payment from you at the time you request such services. Other than processing the fee for such photography services, all other aspects of the transaction are between you and the photographer and all terms and conditions related to third party services and policies as set forth more particularly hereinabove shall apply, including, but not limited to, all terms and conditions of any transaction between you and the photographer. In the event that you have a dispute with any such photographer, you hereby agree to indemnify and hold harmless TotalAgent.com (and our affiliates or subsidiaries and each of their respective officers, directors, shareholders, employees, contractors, agents, representatives, assigns and successors-in-interest) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree that use of or purchase of photography services from any professional photographer from our Site is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY TOTALAGENT.COM, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS TOTALAGENT.COM LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND SUCH PHOTOGRAPHERS OR FOR ANY INFORMATION APPEARING ON SUCH PHOTOGRAPHERS’ SITES.
TotalAgent.com may terminate this Agreement or your access to the Site at any time with or without cause, and with or without notice. TotalAgent.com shall have no liability to you or any third party because of such termination.
In addition, if you fail to meet your payment obligation(s), TotalAgent.com shall have the option to immediately suspend, cancel, terminate or otherwise remove access to your account and any listings or content associated with your account. TotalAgent.com may also seek all legal and equitable remedies available to it under the law. Upon termination for any reason, TotalAgent.com may delete any of your archived data at any time after the date of termination, in our sole discretion. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranties and representations, warranty disclaimers, limitations of liability, indemnification, copyright, trademark and proprietary rights. Disclaimer of Warranties and Limitation of Liability
You agree to defend, indemnify, and hold harmless TotalAgent.com and our affiliates, subsidiaries, contractors, subcontractors, sponsors, and third party product or service providers and each of their respective officers, directors, shareholders, employees, contractors, agents, representatives, assigns and successors-in-interest from and against any and all claims, liabilities, penalties, losses, costs, damages, demands, actions, causes of action, suits, proceedings, judgments and expenses, including, without limitation, amounts paid in settlement, attorneys’ fees, court costs and other legal expenses, asserted by any third party due to or arising out of your use or misuse of this Site. TotalAgent.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TotalAgent.com in asserting any available defenses. The provisions of this Paragraph shall survive termination of this Agreement.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and TotalAgent.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. 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. Notices to you may be made via email or regular mail or postings on the Site. The Site may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Site.
Copyright and Trademark Notices
All contents of the TotalAgent.com Web Site are: Copyright (c) 2010 TotalAgent.com and/or our suppliers, 10945 Bluffside Dr. Suite 322, Studio City, CA 91604. All rights reserved.
TRADEMARKS. TotalAgent.com, and/or other TotalAgent.com products and services referenced herein are either trademarks or registered trademarks of TotalAgent.com.
All materials on the TotalAgent.com Web Site (as well as the organization and layout of the TotalAgent.com Web Site) are owned and copyrighted or licensed by TotalAgent.com, our affiliates, subsidiaries and/or our suppliers. (c) 2010 Copyright TotalAgent.com™ All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the written permission of TotalAgent.com. Any rights not expressly granted herein are reserved.