Terms of Service

Terms of Service

 

Introduction and Agreement.

This website (the "Site") is owned and operated by Solution Egg ("solutionegg.com"). These Terms of Service apply to the national and international versions of the Site, located at www.smartactic.com as well as to any publicly available versions of the Site that Solution Egg offers or co-brands with, its print and media affiliates and other distribution partners or secondary marketing or advertising services (collectively, "Affiliates"). Any individual who uses any version of the Site is a "user" for purposes of these Terms of Service. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service.

 

Privileges: Access, Creation, Modification, Provision, Publication, and Usage

Depending on the product in which the client purchases from Solution Egg, certain user and company accounts must be created, maintained, produced, or provisioned on a timely basis, to keep the product running in accordance to the terms of service. The user and company accounts that are needed will be referenced in the service agreement.  By electronically signing the service agreement with Solution Egg, the client and its related affiliates agree to give full administrative account “Privileges” including but not limited to the : access, creation, modification, provision, publication, and usage, to Solution Egg. These “Privileges” of Solution Egg on the agreed product(s) in the service agreement are further defined but may not be limited to below:

          i.            Access- the action(s) in which involves entering all or part of the digital and non-digital landscape of the product whether it is online, offline, in-editing, or draft forms. The client gives Solution Egg full permit to enter the product landscape in all the aformentioned forms.

         ii.            Creation- the action(s) in which involves the client allowing Solution Egg to create or produce a profile, account, information page, contact page, product page, and any other digital or non-digital medium on or in the clients’ behalf needed to fulfill the service agreement.

       iii.            Modification- the action(s) in which involves changes to the account, application, computer server, or any information and media related to the product. These changes include but are not limited to: access, arrangement, duplication, location, perception, physical shape, and use on the digital and non-digital landscape of the product. The client gives Solution Egg full permit to use all the aformentioned changes.

       iv.            Provision-the action(s) in which involves the timely setup of payments to third parties supporting the product to fulfill the service agreement. To keep the third party supporters provisioned, the client agrees to pay any relating product fees to Solution Egg so that the account will be provisioned on the clients’ behalf by Solution Egg. These third party supporters will be referenced in the service agreement.

        v.            Publication- the action(s) in which involves making the products and all its information public whether through digital and non-digital media. The client gives Solution Egg full permit to make all information given by the client public.

       vi.            Usage- by the client submitting information in the form of audio recordings, documents, employees, images, videos, and/or any other media associated to their work or product, they allow Solution Egg to present the information on the digital and non-digital landscape of the product.

 

Solution Egg is an Advertising and Research Service

Solution Egg operates the Site as an online advertising and research service for Real Estate Agents, Apartment Locators and Real Estate Brokerage Firms. Our contract agreement can be found at http://www.smartactic.com/pages/Terms%20of%20Use 

 

Site Content

All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Solution Egg, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). You may not reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent.

 

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by Solution Egg, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "smartactic.com" name and logo are trademarks of Solution Egg.

 

Software

Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by Solution Egg and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible. 

 

User Materials

By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to Solution Egg and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Solution Egg and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

 

Solution Egg Rights

Given the nature of the Site and the volume of postings, Solution Egg cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Solution Egg reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that Solution Egg (a) will not be liable for any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all Materials you submit to the Site. 

 

The data relating to real estate for sale on this web site comes in part from the Internet Data exchange ("IDX") program of North Texas Real Estate Information System (NTREIS). Real estate listings held by brokerage firms other than Solution Egg are marked with either the MRED-approved icon and detailed information about them includes the name of the listing broker. IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. All Information deemed reliable but not guaranteed. 

 

Representations/Indemnity

You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Solution Egg its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale, lease or other transaction between you and a third party. 

 

Compliance with Fair Housing Laws

All Material is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status. Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria. If you have any question about the fair housing laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center's website at www.hud.gov. 

 

For Rent By Owner Rules

By listing your apartment for rent through the Site's "For Rent By Owner" or "FRBO" service (the "Listing Service"), you acknowledge and agree to all For Rent By Owner Terms and Conditions

 

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. SOLUTION EGG, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND SOLUTION EGG ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO RESIDENTIAL PROPERTIES, COMMERCIAL PROPERTIES, LEASED PROPERTIES, VACANT LAND PROPERTIES, APARTMENTS AVAILABLE ON A FOR RENT BY OWNER BASIS AND FOUND ON THIS SITE IS SUPPLIED BY THE LANDLORD, PROPERTY MANAGEMENT COMPANY OR OTHER THIRD PARTIES. SOLUTION EGG AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE RENTER OF ANY APARTMENT AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE APARTMENT; AS TO THE ADVERTISED FOR SALE, RENT, LEASE TERMS, SECURITY DEPOSIT, OR APPLICATION FEES, IF ANY; OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT AN APARTMENT, RESIDENTIAL HOUSE, COMMERCIAL PROPERTY AND/OR VACANT LAND ADVERTISED ON THE SITE. SOLUTION EGG CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SOLUTION EGG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT. ALL RESIDENTIAL/COMMERCIAL/LEASED PROPERTIES/VACANT LAND ARE SUBJECT TO PRICING STRUCTURE PROVIDED BY THE AREA MLS PROVIDER. ALL APARTMENTS ARE SUBJECT TO PRIOR LEASE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING AN APARTMENT MUST BE ADDRESSED WITH THE LANDLORD AND/OR PROPERTY MANAGEMENT COMPANY PRIOR TO LEASING OF THE APARTMENT. SOLUTION EGG DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR APARTMENT FOR RENT. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 

 

Limitation of Liability

SOLUTION EGG ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF SOLUTION EGG, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you. 

 

Termination of Service

You understand and agree that in Solution Egg's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and Solution Egg may exercise any other remedy available and remove any Materials, if Solution Egg believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of Solution Egg, any Affiliate or Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Solution Egg for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Solution Egg post a bond. Solution Egg is not required to provide any refund to you if you are terminated as an authorized User because, in Solution Egg sole discretion, you have violated these Terms of Service.

 

Miscellaneous

These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Solution Egg may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Dallas County, Texas, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Dallas County, Texas, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Solution Egg to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.