TERMS AND CONDITIONS

Terms and Conditions

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Real Estate Marketing, LLC. ("Us" or "We" or “Classy Agent”) provides the ClassyAgent site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service" or "TOS"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

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BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

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You may "opt-out" of receiving promotional emails from Classy Agent by following the instructions in those emails. You may also send requests relating to promotional messages and your permission for sharing information with third parties for their marketing purposes by emailing privacy@classyagent.com. Opt-out requests will not apply to transactional service messages, including messages about your current Classy Agent account and services. You may also choose to remove the Authentication provided to Us from your Facebook or Twitter account.

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Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Copyright Agent
Address: 13839 McKinney Avenue, Suite 155-2322 Dallas, TX 75204
Phone: 214-676-6400

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All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of the Legal Department at legal@classyagent.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

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Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Real Estate Marketing, LLC, a limited liability company, located at 13839 McKinney Avenue, Suite 155-2322 Dallas, TX 75204. Our telephone number is 214-676-6400. If you notice that any user is violating these Terms of Service, please contact us at legal@classyagent.com.

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Pricing
 

Classy Agent charges for its software services. For pricing information please see www.classyagent.com

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Refund Policy

All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid subscriptions and charges including Facebook Cover Photo, Coaching, Setup and Ads are nonrefundable after purchase and delivery. An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made. In this circumstance, Classy Agent must be notified within 10 days of billing.

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Also, under the laws applicable in your jurisdiction, subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, residents of California are entitled to a full refund during the 3 days after the subscription begins.

Please note that this 3 day period commences when the subscription service starts, which is immediately upon signing up with Classy Agent. The reference above refers to the laws applicable to your jurisdiction.

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Note: All of your services expire as soon as your cancellation takes effect at the end of your current billing cycle so make sure the content you personally scheduled is noted elsewhere and all landing pages and links used on your website, newsletters or emails are removed.

TERMS AND CONDITIONS APPLICABLE TO ENTRANTS OF A PROMOTION USING THE CLASSY AGENT APPLICATION

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Requests for Your Personal Information

The ClassyAgent.com site is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on our ClassyAgent.com site.

Companies using the Services may ask you for certain personal information such as an email address when you enter a Company's Marketing Promotion. Providing this information is strictly optional. However, if you choose not to enter the information required by the Company in its Marketing Promotion rules, then you may not be eligible to participate in the Marketing Promotion. Please see each Company's Marketing Promotion rules for entry requirements and other important details.

You acknowledge and agree that Classy Agent may use any information you provide in a Marketing Promotion entry form available through and/or using the Services, for the purpose of aggregate analysis of the performance of the Marketing Promotions conducted using the Services; to communicate with you (including without limitation by email) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you emails about Classy Agent's products or services, including for example, about other Marketing Promotions available through the Services; and as otherwise permitted in Classy Agent's Terms of Service and online policies. Additionally, if you add one of our social network applications, you will be agreeing to that social network's policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about Classy Agent's products or services, including for example, about other Marketing Promotions available through the Services.

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Classy Agent will not use personal information or contact any participants to Entrants of white-label applications that are running via the Classy Agent technology. All data collection of Companies using white-label services will be owned by the Company. We do, however, from time to time, utilize such data for internal analytics and aggregate analysis.

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Access to Your Personal Information

If you provide personal information when completing the entry form for a Marketing Promotion being run using the Services, both the Company running the Marketing Promotion and Classy Agent will be able to view that personal data. (Companies may provide your personal information to parties assisting with its Marketing Promotion (e.g., providers of prizes); so please review each Company's Marketing Promotion rules and privacy policy for details.) However, Classy Agent is not responsible for such Company's use of that personal data, nor any claims or damages that may arise from any such Company's distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that Classy Agent shall not be liable or responsible for any use of your personal data by any Companies running any Marketing Promotion or any other third party. Please see each Company's Marketing Promotion rules and privacy policy for details on how that Company handles your personal information, including without limitation, information you enter in any Marketing Promotion entry form.

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Promotion Terms & Conditions

Each Company running a Marketing Promotion using the Services is responsible for providing its own Marketing Promotion rules, terms, and conditions, and ensuring such Marketing Promotion complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Marketing Promotion is provided in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Marketing Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that Classy Agent shall not be responsible or liable for any Company's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Company offering the applicable Marketing Promotion.

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Compliance with Laws & Regulations

You acknowledge and agree that Classy Agent's Services merely helps Companies publish their Marketing Promotions and that the Services provides no safeguards that ensure that you operate your Marketing Promotion properly or legally. You further acknowledge and agree that you are responsible for providing Marketing Promotion rules, terms, conditions, privacy policies or statements and ensuring that your Marketing Promotion complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Marketing Promotion(s), including without limitation in connection with all advertising and marketing associated with your Marketing Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless Classy Agent and its parent companies, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Services, your violation of these Terms of Service or any other agreement between you and Classy Agent, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Marketing Promotion(s), of any intellectual property or other right of any person or entity. Classy Agent will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Service will inure to the benefit of Classy Agent's successors, assigns and licensees.

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SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION

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Facebook requires that Classy Agent notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:

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Introduction

The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications"). The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.

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PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy

 

Consent Regarding Use of Facebook Site Information

Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):  any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and the user ID associated with your Facebook Site profile.
Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.

Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings
Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.

Facebook Applications. Platform Applications developed by Facebook ("Facebook Applications") may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.
Use of Platform Applications

Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.

Facebook Terms of Service. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Service, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Service directly contradict such Facebook Site Terms of Service, these Platform Application Terms of Service shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Service, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;

You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and

Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook's prior written consent. Facebook may require you to agree to additional or different Terms of Service and may notify you of additional or different policies that may apply to particular Facebook Applications.

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All platform applications are provided "as is," with no warranties whatsoever. Facebook expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Facebook further expressly disclaims any warranties regarding the reliability, timeliness, availability and/or performance of any platform applications. You understand and agree that you download, install and/or use any platform applications at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation or use of any platform applications. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

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Release and disclaimer. You hereby irrevocably release and agree to hold harmless Facebook and its affiliates, and each of their officers, directors, shareholders, employees and representatives, from any and all claims, costs, losses, liabilities and damages of any sort (whether direct, indirect, special, consequential or otherwise, and whether arising in tort (including negligence (whether active, passive or imputed)), contract, warranty, strict liability, reliance or under any other theory, and whether or not Facebook has been advised of the possibility of such damages) arising out of: (a) your download, installation or use of any Facebook applications or developer applications, (b) delivery of any information by Facebook to any developer; or (c) any use by any developer of any information, whether or not such use is in accordance with the developer agreement. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.