Terms of Service
1. TERMS OF SERVICE
iConci™ provides the Website, the Content, and the Services to you subject to the following Terms of Service ("TOS"). The TOS may be updated by us from time to time without notice to you. We suggest that from time to time you review the TOS for possible changes. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
iConci™ currently provides users with real estate and agent marketing and services and various features and services, such as billing information, calendaring, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of iConci™. In addition, iConci™ provides access to certain photographs, text, images, statistics, logos, and other media, links to other sites, and intellectual property related to or otherwise associated with iConci™. Unless stated otherwise, the Website, the Services, and the Content are subject to the TOS. You understand and agree that the Website, the Services, and the Content are provided "AS IS" and that iConci™ assumes no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your information and use. Under the TOS, you may download certain Content and Services available on the Website to a single personal computing device for your use. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of iConci™ which permission may be withheld at iConci™ sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. BACKGROUND INFORMATION
In order to use the Services, certain members may be required to register with iConci™ by providing certain information about yourself, including but not limited to your name, phone and e-mail address. iConci™ is a privately held company that provides services such as internet services, real estate and agent marketing services to local, state, national and international businesses and individuals. iConci™ is incorporated in the State of Florida and its current operating status is active. Since its inception, iConci™ has provided quality services to a variety of individuals and businesses. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or iConci™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, iConci™ has the right to suspend or terminate your use of any and all current or future use of the Services.
5. ACCESS BY MINORS
If you are age 18 or under, your parent or guardian must give us his or her consent before you register to use the Services. To give us consent, your parent or guardian must complete and send to us the parental consent form that clearly states your name, address, phone number, and e-mail address along with a photo ID of the parent or guardian and yourself and send it to us by email or by regular mail. You agree to provide correct and accurate information concerning your age in connection with the registration for any Services, subject, of course, to all applicable laws.
7.MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
IConci™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.
You agree that iConci™ in its sole discretion, may terminate your use of the Website and/or the Services. iConci™ may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be affected without prior notice, and acknowledge and agree that iConci™ may immediately deactivate or delete all related information and/or files.
9.ICONCI™ ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers, agents and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, agents and/or vendor. You agree that IConci™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, agents or vendors on the Website or in connection with the Services. All of your business dealings with vendors, agents and advertisers appearing on the Website or in connection with the Services shall be at your sole risk.
The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because iConci™ has no control over such sites and resources, you acknowledge and agree that iConci™ is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that iConci™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
11. PROPRIETARY RIGHTS
Services and Content are the property of iConci™ and are licensed to IConci™ and may not be reproduced without the prior written consent of iConci™. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to iConci™ and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by iConci™ or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website, Services, Content or the Software, in whole or in part. 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 Services. You agree not to access the Services by any means other than through the interface that is provided by iConci™ for use in accessing the Services.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. iCONCI™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.iCONCI™ MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT iCONCI™ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ICONCI™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
16. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to iConci.com the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.
17. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and iConci™ and governs your use of the Website, the Services, and access to the Content, superseding any prior agreements between you and iConci™. You also may be subject to additional terms and conditions that may apply when you use services, third-party content or third-party software. The TOS and the relationship between you and iConci™ governed by the laws of The United States of America without regard to its conflict of law provisions. You and iConci™ agree to submit to the personal and exclusive jurisdiction of the courts located within the country of The United States of America. The failure of iConci™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.