AnchoredAgents Terms and Conditions
These terms and conditions (these “Terms”) constitute a binding agreement between AnchoredAgents and you as a client, and apply to all services provided by AnchoredAgents to you. References to “we”, “our”, and “AnchoredAgents” refer to AnchoredAgents. References to “you”, “your”, and “client” refer to the recipient of AnchoredAgents’ Internet and website design services, including the recipient’s successors and assigns.
1. Your website is intended to operate with Firefox (versions 8.0 and higher), Google Chrome, and Microsoft Internet Explorer (versions 8.0 and higher) for the following operating systems: Windows 2000, Windows XP, Windows Vista, Windows 7 & 8, and Mac OSX.
2. In connection with our services, you may use a domain name that you already own or a domain that we procure for you at your request. In either case, you are the owner of the domain name and are responsible for maintaining and renewing it, including all related registration fees and costs. If you authorize us to use a domain name that you already own, AnchoredAgents is not liable for any loss of email or any delays that may be caused when we assume the hosting of the domain. When you purchase a domain name through us, your purchase is non-refundable and subject to availability.
3. While AnchoredAgents is not responsible for the renewal of domain names, AnchoredAgents may, as a courtesy, renew your expiring domain on your behalf for one year, unless you instruct us otherwise at least 15 days prior to the domain expiration date. You will be responsible for the fees and charges for such renewal.
4. You, or your authorized representative, have up to 3 business days following the date of your receipt of these Terms to cancel service and receive a full refund. After 3 business days, all sales will be considered final. As an example, if you purchase a website on Monday, you will be eligible for a refund through the end of business on Thursday.
5. Custom edits, upgrades and/or color changes outside the scope of the AnchoredAgents product purchase may be available at an additional cost through AnchoredAgents support services.
6. You authorize AnchoredAgents to access IDX code where such MLS functionality is available. You will hold AnchoredAgents harmless if your MLS restricts this capability.
7. You agree to accept notices delivered via e-mail from AnchoredAgents regarding service, billing and marketing-related issues. AnchoredAgents agrees to not release your e-mail address to third parties for solicitation purposes.
8. By agreeing to this contract, I am committing to an AnchoredAgents website customized with your personal data and one year hosting for a fee of $349. This payment covers website construction and 1 year of hosting on our robust server.
10. You shall be the owner of the copyrights with respect to the content (including text, trademarks, photographs, logos, graphic designs and other images, collectively “Your Content”) that we author in connection with your website. “AnchoredAgents” and the year of creation, will appear on all websites created for you by AnchoredAgents. As between you and AnchoredAgents, you will be the owner of the content. You unconditionally represent and warrant that you own or are otherwise licensed to use all of Your Content in connection with the website as contemplated by these Terms and AnchoredAgents. AnchoredAgents agrees to hold you harmless from and against any and all damages, costs, expenses (including attorney’s fees and costs) of any kind or nature arising from Your Content authored by us including any claims of infringement of any intellectual property rights or rights of privacy or publicity.
12. Through our services, you may collect and receive data and other information about or from end users, including personal information. You agree to treat such information in compliance with the AnchoredAgents and any other applicable privacy policies. You will maintain such information securely using reasonable technical means to prevent the unauthorized access, use or disclosure of such information. You agree to indemnify, defend and hold AnchoredAgents harmless from and against any and all damages, costs, expenses (including attorney’s fees and costs) of any kind or nature arising from your use or misuse of any such information, including your breach of any of the foregoing obligations, including any unauthorized access, use or disclosure of such information.
13. You are independently responsible for accuracy of content posted on your own website including phone numbers, e-mail, contact information, etc.
14. All services offered by AnchoredAgents are to be used lawfully in compliance with all federal, state, and local laws and regulations as well as all industry standards and best practices.
15. AnchoredAgents will not be responsible for the loss of data, profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). AnchoredAgents’ liability for any claims whatsoever, whether arising in tort or contract, including claims based on design, error, omission, negligence, defect, failure to maintain service, or any other claim shall not exceed the amounts you have paid to AnchoredAgents under these Terms for given product or service.
16. IDX: (If Applicable) If the MLS to which you are a member requires signed documentation before AnchoredAgents may implement IDX on your website, you will receive the document via e-mail and/or fax. You must email the completed agreement back to AnchoredAgents immediately in order that we may install IDX on your website.
17. You are responsible for incremental fees, if any, charged by your MLS.
Third Party Products
19. AnchoredAgents is not responsible for any changes made by social media companies. By choosing to use their products, you are subject to their own terms and conditions, including their privacy policies.
20. You will be responsible for annual Hosting fee of $119. Other fees for additional products and services associated with your website that you may have purchased are your responsibility. These items may include malware protection, SSL or custom email.
21. The credit card you provide to AnchoredAgents will be automatically billed for all charges associated with the account. If you are delinquent on a payment, AnchoredAgents may deactivate your site, without notice.
22. In order to protect your account, if you wish to cancel your service, you must contact Anchored Agents via telephone at (210) 288-7445 so that we can authenticate that you are the authorized account user. All cancellation requests must be verbally communicated directly to an Anchored Agents Representative.
23. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas and the Federal Laws of the United States of America.
24. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them) or any product, service or content available through our services (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this Paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. Except as described in this paragraph, the arbitration shall be initiated and conducted according to the Rules of the American Arbitration Association then in effect (the “Arbitration Rules”). The arbitration shall be conducted in the County of San Diego, California, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any other applicable written agreement between us. No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE AS ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.
25. If and to the extent any provision of these Terms is held invalid or unenforceable at law, such provision will be deemed stricken and the remainder of these Terms will continue in effect and be valid and enforceable to the fullest extent permitted by law.
26. These Terms are the complete and exclusive statement regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements, understandings and communications, oral or written, between us regarding such subject matter.
27. These Terms are subject to change. We may notify you of any changes via email or by posting a notice in the marketing control center. Your continued use of our services will constitute your acceptance of the changed Terms.
28. The waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasion, and any failure to enforce any of the provisions of these Terms will not constitute a waiver. No waiver of a right or remedy under this Agreement will be binding upon a Party unless it is in writing and signed by its authorized representative.
29. This Agreement does not create any agency or partnership relationship.
30. You may not assign these Terms, in whole or in part, to any other person or entity
without our consent. We may assign these Terms without your consent, including in connection with the sale of our assets. This Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be.
1909 Santa Maria Ave. A
Laredo, TX 75040