PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
PURCHASE OPTIONS & SERVICES:
Our product is offered as monthly recurring package for purchases as follows:
- Agent Website plan for $99 monthly with set up fee disclosed on pricing page
- Agent Website + Internet Presence plan for $500 monthly with set up fee disclosed on pricing page
- Custom Agent Website, Call for pricing 1-888-663-6353
As soon as you’ve successfully completed the sign-up process and your payment is confirmed, your membership will begin.
One Stop Agent hereby grants to Client/Realtor (“Publisher”) a non-exclusive, worldwide, license to access, use, reproduce, distribute, cache, replicate, transmit, modify (solely as described herein) and display One Stop Agent Content solely in connection with Publisher Listings. Publisher acknowledges and agrees that as between One Stop Agent and Publisher, Publisher owns all right, title and interest in the One Stop Agent Content and nothing in this Agreement confers in Publisher any right of ownership in the One Stop Agent Content. If Publisher cancels monthly membership, Publisher may request there website WordPress XML export and host own there own.
You own all of the unique content on the website, not the website design or technology, One Stop Agent proprietary technology is non-transferrable and 3rd party plugins / theme frameworks would have to be re-licensed in the event that you wanted to move your website to it’s own WordPress installation – the process of which is definitely not a straightforward copy/paste process and we’ll elaborate a bit more – In the event that you wanted to discontinue your One Stop Agent website and move to a separate WordPress installation:
• We will create a WordPress export file which would include all of your posts, pages, media, and menu structure
• We would export as much of your page’s layout/design and content as possible. (note: you will need to purchase your own licenses of any 3rd party tools that your site’s design uses – ex. Wp Theme, rev slider and ess. grid
• You would have to reinstall / reconfigure your IDX plugin on your new host (your IDX provider will be able to assist you with that)
The cost of doing an external site transfer is determined on a per site basis. Our hourly rate to package up your site is $95/hr and in most cases should only take 2hrs to complete for a basic website.
Note: This is very important to mention – if you decide to move your site away from One Stop Agent you will lose all of our proprietary tools and features that come with your site. These include items such as REV CTA, Area Content System, Custom Forms and Neighborhood Guides. Also as mentioned previously, 3rd party plugins and theme frameworks would have to be re-installed and in some cases re-licensed.
CANCELLATION OF MONTHLY AGENT WEBSITE SERVICE:
Client’s payment obligation is month to month. Cancellations should be requested before entering a new payment period. Otherwise, you would be obligated for the next monthly payment period. A new payment period is specified by origin date below. You may cancel this automatic billing authorization at any time by contacting us.
UNAUTHORIZED USE OF PHOTOGRAPHIC WORK:
In the event that an infringement is discovered you will be notified by certified mail and invoiced the industry standard TRIPLE FEE for unauthorized usage to be paid within 10 days of receipt of said invoice. Additionally you could be prosecuted for Copyright Infringement in U.S. Federal Court where you will be subject to a fine of statutory damages, actual damages and any additional profits of the infringer as well as our court costs and attorneys’ fees. Furthermore, you must provide Photo Credit (when applicable) with and on every Marketing Document, Advertisement published, via print or web mediums, reading as such:
VIDEO/PHOTOGRAPHY BY ONESTOPAGENT.COM:
If you need to License a One Stop Agent image for use in your Company’s Advertising, Marketing and/or Company Materials or promotional campaign, please contact us at 1-888-663-6353.
VIDEO/PHOTOGRAPHY USAGE & LICENSE:
When you hire a professional videographer/photographer, you pay a License fee which grants you permission and gives you the right to “Use” digital copies of original photographs for a specific period of time and for a specific Use – sort of like renting a hotel room or leasing an automobile – you do not own the room or automobile, you simply pay for the right to use it temporarily. Photographers always own Copyright forever (100 years, automatically renewed) and we have the right to pursue payment for any unlicensed Usage of any kind. Damages could be severe (a percentage of your profits) if our photographic work was used to actually sell a home or anything without permission or License.
* You may NOT “Give” or “Transfer” photographic work to another Realtor and or Realty Company if say, for example, you lose the listing. The images need to be paid for again by the new listing Realtor as it is a new Use from a new party or company. Photographs do not “come with” the listing. Realtors – our License term is for as long as you have the listing and ends when you sell the home or lose or transfer the listing. The internet makes transfer all too easy these days but “copy and paste convenience” does not bypass License or Copyright Laws or give anyone the right to Use Copyright-protected material for commercial or any other purposes without permission.
By accessing materials on our Web site you agree with all the terms and conditions of this agreement. We reserve the right, at our sole discretion, to change the terms and conditions of this Agreement from time to time, and your continuing use of our Web sites constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.
This Agreement sets forth the entire agreement between the parties. You acknowledge and agree that you have reviewed this Agreement in its entirety, and every part thereof, and that You understand the Agreement. You further acknowledge and agree that you have had the opportunity to review this Agreement and otherwise consult with your independent counsel as to the Agreement.
Charges for the Services are billed in advance on a monthly basis and such monthly fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
electing to use one of our services. We may require visitors to provide us with information including, but not limited to their name, physical address, email address, phone numbers, username, and password during the registration and purchase process.
Non-personal Data Collection
When visitors enter our website, some non-personal information may be collected from them, including but not limited to their browser type (ie- Netscape, Internet Explorer) operating system (Windows, Mac), IP address, and the domain name from which they accessed the site.
We may also collect information about our visitors browsing behaviors. For example we may look to see when they visited (date and time), the areas and pages they accessed while visiting as well as the amount of time spent in those areas. We may also keep track of the number of times a user visits our site
Transfer of Assets
In the event of a merger, acquisition, asset or stock sale, bankruptcy, or other transfer, any of our assets may be transferred to a third party. Included in these assets is the data, both personal and non-personal that we collect.
Keeping Information Private
We take reasonable steps to secure all information that you provide to us while using our site. We understand the importance of privacy and utilize such tools as firewalls to keep your information private. We will not share your information with third parties unless action is taken by you to trigger the sharing (see Use of Business Partners), is required as a result of a transfer of assets (see Transfer of Assets), or is required under any local, state, or federal laws.
COPYRIGHT DISPUTE POLICY
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to theOne Stop Agent’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that One Stop Agent’s is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which One Stop Agent is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, One Stop Agent may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that One Stop Agent may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at One Stop Agent discretion.