Price Setter ®, LLC
7176 Drummond Dr.
Frisco TX. 75035
WEB SITE TERMS AND CONDITIONS: Please read this Terms and Conditions Agreement (the “Agreement”) carefully. The Agreement governs your use of the Price Setter ®™ (the “Website” and “Applications”) and the services and tools provided through or in connection with the Website and the Applications (collectively, the “Service”). Each time you use the Service, you acknowledge that you have read and agree to be bound by the Agreement. If you do not agree to be bound by the Agreement, you may not use the Service. By accessing and using the website and applications and any of their pages, you accept and agree to be bound by the Terms and Conditions of this Agreement.
1. PRICE SETTER, LLC (“Price Setter ®™”, “we,”” us” or “our”) IS ONLY A VENUE. The Website and Applications act as an e-commerce tool for you to find, and transact with other users, Members, buyers or sellers (the “Users”). Price Setter ®™ is not a seller. Price Setter ®™ is not a party to any transaction you may make with another user. Price Setter ®™ is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you through the Website and Applications. Price Setter ®™ does not endorse, warrant or guarantee the products or services of any seller or provider. Price Setter ®™ is not liable for any delays, inaccuracies, errors or omissions with respect to any information provided by sellers/providers. Price Setter ®™ is not liable for any acts or omission of acts of any seller/provider on the Website or Applications. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services. Any information on the Website and Applications can change without notice.
2. USE OF THE SERVICE. Price Setter ®™ is a venue for sellers/providers and buyers to sell and buy products and services that are listed on the Website and Applications. Price Setter ®™ is not a party to any transaction between users. Price Setter ®™ has no control over the legality, truth, accuracy, or quality of the listed products and services. Price Setter ®™ has no control over the business practices of the sellers/providers and the purchasing practices of the buyers. You understand and agree that all transactions that occur through Price Setter ®’s member merchants and service providers are strictly between you and other Users, and that Price Setter ®™ has no responsibility or liability with respect to any part of the transaction or any issues related directly or indirectly to such transaction. Price Setter ®™ disclaims all warranties that may relate in any way to any products or services listed on Price Setter ®™ member merchants/providers’ web sites and disclaims all guarantees for any payments owed to users. You agree to release and hold Price Setter ®™ harmless and indemnify Price Setter ®™ and its subsidiaries, affiliates, and Price Setter ®™ partners and their respective directors, officers, employees and agents against any and all claims with respect to any transactions you are involved in with other Users. You agree to notify Price Setter ®™ of any activity that you believe is fraudulent, deceptive, and misleading. You may disclose personal information directly to Users or through Price Setter ®™ . You understand and accept the risk that Users may misuse your personal information. Price Setter ®™ does not guarantee the identities of Users nor does Price Setter ®™ guarantee the accuracy of the information supplied by Users. You acknowledge and agree that Price Setter ®™ shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information. You acknowledge and agree that you or Price Setter ®™ may terminate your ability to conduct any transactions on the Price Setter ®™ member merchants and service providers’ Website and Applications at any time. If you are a seller or service provider, you agree that you remain liable and will pay Price Setter ®™ any fees due to Price Setter ®™ for any services you received prior to the termination date.
3. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS. The entire contents of the Website and Applications are protected by international copyright, Patent and trademark laws. The owner of the copyrights, Patents and trademarks are Price Setter ® LLC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Price Setter ®™ a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, blogs, forums and newsgroups) or by e-mail to Price Setter ®™ by all means and in any media now known or hereafter developed. You also grant to Price Setter ®™ the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Price Setter ®™ for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Price Setter ®™ .
Price Setter ®™ respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow the these steps: Please provide Pricesetter.net’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Price Setter ®™ that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site.
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our Designated Agent to receive notification of alleged infringement under the DMCA is:
Price Setter ®, LLC
Attn: DMCA Compliance
7176 Drummond Dr.
Frisco TX. 75035
Email to: email@example.com
4. TRADEMARKS. Price Setter ®™ and any other names of Price Setter ®™ or its publications, products, content or services referenced herein or on the Site or Applications are the exclusive trademarks or service marks of Price Setter ®™. Other product and company names mentioned in the Site or Applications may be the trademarks of their respective owners.
5. POSTINGS AND OTHER CONTENT. You may post content or view content posted by others on the Service. Price Setter ®™ does not monitor such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with the Users. Price Setter ®™ is not a party to the transactions between you and the Users of the Website and Applications. Sellers/providers can only conduct transactions with buyers by directing buyers to seller/provider’s web site for sale transaction processing or through any other comunication medium not under Price Setter ®™ control. Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the Terms of service for any such transactions.
LIMITATION OF LIABILITY – IN NO EVENT WILL PRICE SETTER LLC BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF PRICE SETTER LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, PRICE SETTER LLC’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. Price Setter ®™ makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Price Setter ® Web site; please understand that it is independent from Price Setter ®™ , and that Price Setter ®™ has no control over the content on that Web site. In addition, a link to a Price Setter ®™ Web site does not mean that Price Setter ®™ endorses or accepts any responsibility for the content, or the use, of such Web site.
7. MEMBER MERCHANT/SERVICE PROVIDER REGISTRATION.You must register as a Member with Price Setter ® to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the “Registration Data”) when registering as a Member merchant/provider or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Price Setter ®™ and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify Price Setter ®™ immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to Price Setter ®™ . No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
8. LINKS. Price Setter ®™ and Price Setter ®’s Partners may provide links to external websites or resources for your convenience and reference only. Price Setter ®™ and Price Setter ®’s Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against Price Setter ®™ or its service providers arising out of your use of external websites or resources.
9. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Price Price Setter ®™, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
10. THIRD PARTY RIGHTS.The provisions of paragraphs 2 (Use of the Service), and 9 (Indemnification) are for the benefit of Price Setter ®™ and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
11. TERMINATION; This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 through 13 shall survive any termination of this Agreement.
13. The above Terms may be amended from time to time without notice in Price Setter ®’s sole discretion. Any changes to the Terms will be effective immediately upon the posting of the revised Terms on this website. The Terms including any agreements and Terms incorporated by reference herein, constitute the entire agreement between you and Price Setter ®™ and govern your use of the services, including this website, and supersede any prior version of these Terms between you and Price Setter ®™ with respect to the services. The failure of Price Setter ®™ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms there shall be no third-party beneficiaries to these Terms. The headings in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will”, “shall”, and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Please report any violations of the Terms and direct any questions to firstname.lastname@example.org
FOR REAL ESTATE AGENTS
Price Setter ®™ allows Users to locate and engage independent third party real estate agents in to generating fee rebates in response to what the fees of competing third party real estate agents are. Users agree to supply Price Setter ®™ with information about themselves and the property they want to buy or sell. Price Setter ®™ will use this information within Price Setter ®™ and will provide certain details on an anonymous or non-anonymous basis depending on the Price Setter ®™ service to third parties who are members of its real estate agent network. Users also agree to have the information he/she has supplied to Price Setter ®™ forwarded to real estate or other third-party professionals referred by Price Setter ®™. Price Setter ®™ users also consent to receive emails from third party(ies) if the Price Setter ®™ service requested requires services from a third party(ies).
- Price Setter ®™ refers real estate agents to Users, but Price Setter ®™ does not engage in actual real estate broker services. Real Estate brokerage activities are performed by local real estate agents that have been referred to you by Price Setter ®™. The terms of any agreement between a real estate agent and Users are not endorsed, recommended or otherwise known to or by Price Setter ®™.
- To assure the value of Price Setter ®™ services, you agree that all of the information you have provided to Price Setter ®™, whether online or otherwise, is accurate and complete. Price Setter ®™ reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the Price Setter ®™ service requested by User, you authorize Price Setter ®™ to forward your information to its network of member real estate agents according to the terms of the Price Setter ®™ service that you use.
Obligations of Home Buyers/Sellers using Price Setter ®™
By completing your registration with Pricesetter.net as a potential home buyer/seller, you agree that:
1. You are of legal age and are otherwise capable of forming a legally binding contract;
2. You are of legal age and are otherwise capable of forming a legally binding contract;
3. You are interested in buying or selling property located in the United States of America;
4. You acknowledge that Price Setter ®™ recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify a real estate agent’s license status and background as pricesetter.net, makes no representations and/or warranties about any real estate agent that may use the Price Setter™ service.
5. You do not have an exclusive contractual or other arrangement with any real estate agent;
6. You represent that you are not licensed as a real estate agent or broker;
7. You agree to be contacted via Email or other means by Price Setter ®™, and by third parties for services you have requested;
You understand and agree that the real estate agents and others who appear on the Price Setter ®™ website or who may be referred by Price Setter ®™ are not employed by Price Setter ®™. Price Setter ®™ is not responsible or liable for any acts or omissions created or performed by these third parties. Price Setter ®™ Web site and Applications may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Price Setter ®™ does not operate or control in any respect any information, software, products or services available on such Web sites. Price Setter ®™ inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Use of 3rd party services
- You understand and agree that the real estate agents and others who appear on the Price Setter ®™ website or who may be referred by Price Setter ®™ are not employed by Price Setter ®™. Price Setter ®™ is not responsible or liable for any acts or omissions created or performed by these third parties. Price Setter ®™ Web site and Applications may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Price Setter ®™ does not operate or control in any respect any information, software, products or services available on such Web sites. Price Setter ®™ inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization
- Webscraping of Data Is Not AllowedCrawling the pricesetter.net and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from pricesetter.net.
- Terms of Service for real estate agents for Price Setter ®™
Price Setter ®™ offers services to you, the “real estate agent”, conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your registration with Price Setter ®™ and/or use of Price Setter ®™ services constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Real estate agent shall obtain any required broker approval prior to participation in any Price Setter ®™ service, and real estate agent expressly represents that all such permissions have been obtained. You are responsible for reviewing these Terms of Service on a regular basis.
Registration Requirements for real estate agents
Price Setter ®™ offers services targeted to real estate agents. To receive these services, real estate agents must accurately complete a registration for a desired service and agree to obligations for such service.
Obligations of real estate agents Registered with Price Setter ®™
By completing your registration with pricesetter.net as a real estate agent, you agree that:
- You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Price Setter ®™ services;
- You are an individual person (not a company or other association);
- All information you submit to Price Setter ®™ or pursuant to a Price Setter ®™ service is accurate and complete and that you will maintain and promptly update such Profile, Parameters, Endorsement(s) or other Information supplied to Price Setter ®™ or to Users to ensure accuracy at all times;
- You agree to be contacted via email, phone or text by Price Setter ®™, and third parties if relevant, regarding Price Setter ®™ services;
- You have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested Price Setter ®™ service;
- You will not use or attempt to use any facility provided by Price Setter ®™ wholly or partly in order to obtain Information concerning the commissions, fees, prices, parameters or other terms offered by other Real Estate Agents;
- You will not refer Price Setter ®™ supplied referrals to any other person;
- You have secured and will maintain any required supervising broker’s authorization if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate agent legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
- You hereby grant Price Setter ®™ permission to e-mail or display your Profile and such other information as may be supplied by you to Price Setter ®™ on or from Price Setter ®™ website (www.pricesetter.net) and such other partner and affiliate websites as Price Setter ®™ shall deem advisable in its sole determination for marketing purposes.
- If you are a buyer’s agent you agree to share the commission fee that you receive from the listing agent with your client (the buyer) in an amount equal to the difference between the percentage you receive from the listing agent and the percentage you offered to your client at the time that you and your client signed a representation agreement. Example 3% -2.3%= 0.7% to be shared with your client towards closing costs or down payment at the time of closing.
- If you are a listing agent you agree to share 3% of your commission with your counterpart the buyer’s agent regardless of the percentage you receive from your client (the seller) example: if you receive 5.1% from the seller you are obligated to pay the buyer’s agent 3% and you keep 2.1% at the time of closing.
SERVICE LEVEL AGREEMENT
Service Standards: real estate agent will make best efforts to follow up on all leads generated through Price Setter ®™, thus reinforcing Price Setter ®™ and its partners’ reputation. The real estate agent will respond to each lead within 8 hours, or let Price Setter ®™ know within that time frame of their inability to meet this minimum service standard. If the real estate agent does not meet this service standard, Price Setter ®™ may reassign, in its sole discretion, any unserviced leads to another real estate agent. The real estate agent may not redistribute or resell any Price Setter ®™ leads without prior written permission from Price Setter ®™. Real estate agent acknowledges that not all leads will result in benefit to the real estate agent, and that ongoing cultivation and prospecting of these leads may be required. Real estate agent realizes that leads received through Price Setter ®™ may be consumers who have previously used and/or are currently using other Internet real estate sites and services, including but not limited to Price Setter ®™, to help them in the home selling and/or buying process.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
NOTIFICATION OF COPYRIGHT, PATENT, TRADEMARK, AND OTHER PROPRIETARY INFORMATION INCLUDED ON THIS WEB PAGE. Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, algorithms, graphics, logos, software, databases, icons, images, names, audio and video clips, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the United States Copyright Act, all applicable state laws, and international Patent and copyright laws.
The content and software on this site may be used as a resource while accessing this web site, but may not be downloaded or used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of the relevant owner or author. The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured. The ownership of this web site and such registered trademark will be asserted in the United States and other countries. Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this web site, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the United States Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries.
ANTI-SPAM POLICY. This sets forth our policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account. We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services. We reserve the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity. We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the Terms of participation in such newsgroup that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the Terms of participation in such message boards and chat rooms.
VIRUS NOTICE. This Web Site serves as a conduit for information. Certain documents and programs may be downloaded through this site. THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.
USERS MUST BE CERTAIN AND ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE. CURRENTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED. The owners of this site will not intentionally or willfully transmit files that they know to contain viruses. However, this site serves as a bulletin board repository of files that are uploaded by users. WE DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES. YOU ASSUME COMPLETE RESPONSIBILITY TO DO SO.As a user of this Site, you agree to immediately notify us of any files that you download that you believe contain viruses. As a condition to any license contained for items obtained by or through this Site, you will agree to perform virus screening on all such files prior to using the same. THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGH THIS SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.