By accessing the KnoxvilleCommercial.com website (herein referred to as the “Service”) provided by Jason Everbach, Realtor (herein referred to as the “Company”), you (herein referred to as the “User”) are agreeing to be bound by the following terms and conditions (herein referred to as the “Terms of Use”).

Violation of any of the terms listed below may result in immediate termination of User account and may subject User to legal liability.

Terms of Use – General Terms and Conditions

User agrees not to copy, duplicate, reproduce, sell, or resell Company content accessible via the Service or Profiles without the express written permission of Company.

User agrees not to give unauthorized third parties access to their Service user account or Agent Profile administrative areas.

User agrees not to scrape Company content.

User agrees not to take any action to exceed their assigned access level as it relates to any part of the Service.

User agrees not to modify, hack, or reproduce any part of the Service in an effort to falsely imply that such modification/reproduction is associated with the actual Service, Company, or its affiliates.

Company reserves the right to access administrative areas associated with your Service at any time for the purposes of general maintenance, administrative work, trouble-shooting, upgrades, downgrades and/or custom work.

Technical support is available via email for all paying customers.

Use of the Service is at your own risk. Service is available on an ‘as is’ and ‘as available’ basis.

Company disclaims all terms, conditions, representations, guarantees, and warranties (express, implied, statutory and otherwise), in respect to the Service including those of merchantability, title, non-infringement, quality and fitness for any particular use.

Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed towards Company or person(s) associated with Company will not be tolerated and will result in immediate termination of User account without refund.

Company reserves the right to pursue legal action against any User who makes slanderous or libelous statements about Company, persons associated with Company, or other services provided by company.

Company reserves the right, at its sole discretion, to remove any content deemed offensive, unlawful, obscene, threatening, libelous, defamatory, pornographic or otherwise. This includes content that violates other sections of this Terms of Use or anything else that is questionable or violates any party’s intellectual property rights.

User agrees to relieve Company and any other Third Party Partners, code providers, or data providers from any legal liability arising from problems associated with Service.

User acknowledges that computer code and payment gateways (such asStripe) is not maintained by company. In the event of a problem with eCommerce functionality or payment gateways, Company will notify the party responsible for the functionality in question and will work to resolve any problems as quickly as possible.

User acknowledges that the processing and transmission of data in connection with Service and any User generated content may take place unencrypted and over various third-party networks.

While every effort has been made to safeguard and backup User data and Agent Profile data, User agrees not to hold Company liable for any loss or breach of data associated with User account.

User will not attempt to gain access to administrative areas, features, or other User accounts for which User is not specifically authorized to access.

In the event of a dispute that cannot be settled between User and Company, User agrees to settle dispute by way of arbitration and hereby relinquishes the right to sue or file a lawsuit against Company or participate in a class-action lawsuit against Company. Arbitration shall take place in Blount County Tennessee, by an arbitrator located in Blount County Tennessee.

Company does not warrant that (a.) the Service will meet your specific needs, (b.) that customizations we add or create on your behalf will be entirely accurate or error-free, (c.) that the Service will be error-free, uninterrupted, timely or entirely secure, (d.) that the Service and Company-provided content and customizations will meet your individual expectations, (.e) that you will make money or have any specific business results by using the Service, or (f.) that suggested improvements, upgrades or error-fixes to the Service will be implemented.

User understands and agrees that Company will not he held liable for any direct, indirect, special, incidental, consequential or exemplary damages that arise from use of Service (regardless of whether company has been advised of the potential of such damages). Such damages include but are not limited to: loss of income, profits, goodwill, consumer sentiment, data or any other tangible or intangible losses. This includes losses that are a result of (a.) use of Service or Agent Profiles, or inability to use/access Service or Agent Profiles, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an interruption in Service or Agent Profiles, (e.) unauthorized access, modification or deletion of Service, Agent Profiles or personal data, (f.) the actions and statements made by any third party accessing the Service or Agent Profiles, and (g.) any other matter(s) relating to the Service, Agent Profiles, or customizations. In the event that Company becomes liable to User despite the above limitations, Company liability will be limited to the annual subscription fee or fee that User paid for the use of Service in the six months prior to the event that caused the liability. At no time will company liability include costs paid by User to cover User legal consultative fees or fees paid to Company for customizations, advertising services, referrals, or consultative services.

User must not use the Service for any illegal, unethical or unauthorized purposes. User must not use the Service to violate any federal, state, or local laws including federal housing laws.

User assumes full legal responsibility for all messages and communications initiated through use of Service, including phone, email, Facebook messages, Facebook Messenger messages, and SMS text messages. By signing up and/or using the Service, User acknowledges their awareness and familiarity with laws concerning SMS + email communication and spam. User agrees not to send spam or transmit unsolicited messages from Service. User also agrees not to modify emails that could be constituted as spam in such a way that would make it look like they originated from the Service, even though they did not. Company reserves the right to immediately discontinue service without providing a refund for any User who violates this clause or is accused/suspected of sending spam email or SMS communications.

User will not upload any viruses, malicious code, or tracking software to Service, nor will User send malicious code from Service, or induce others to download, transmit or click on links that are associated with malicious code. Any violation of this clause will result in immediate termination of User Service and/or Digital Products without a refund and may result in legal action against User.

User must be a real person. User must not be a ‘bot’ or computer program or A.I. Agent, nor can User grant an unauthorized ‘bot’ or unauthorized person access to Service, or User administrative areas.

User is responsible and assumes complete legal liability and financial responsibility for all content posted by User on Service regardless of where the communication is posted or originated. This includes content posted by User, User representatives, and Company.

Failure of Company to exercise or enforce any right or provision contained in this Terms of Use does not constitute a waiver or such rights or provisions. The Terms of Use, in conjunction with the Privacy Policy, constitutes the entire agreement between User and Company and governs your use of Service. Company reserves the right to advertise and/or display any content associated with Service and User’s Profile at any time. This includes featuring an image or link to content associated with User’s Profile via our website or any other media format selected by Company.

User does not own the Service, code, or any customizations User elects to pay for. The Service, website, features, and all User-submitted content are owned exclusively by Company. Login information (usernames, passwords, and login URL’s) associated with the administrative areas of User account will be limited to User and User Authorized Representatives that are approved by Company. This includes access to any other administrative areas User may have access to in association with the Company Service.

User grants Jason Everbach, Realtor and Company Third-Party Partners, and affiliate companies the right to contact User via email, telephone, mail, SMS, Facebook, Facebook Messenger, and any other medium about the Service or additional products that Company thinks may be of interest to User, regardless of whether User is registered with any national, state or local do-not-call or do-not-mail lists.

If any item in this Terms of Use conflicts with another (or any other Company document, policy or agreement), Company will have sole discretion to interpret said conflict and decide which of the conflicting items will prevail.

If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of Company. No delay or failure by Company in exercising any right under this Terms of Use, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Terms of Use will not be deemed a waiver of future enforcement of that or any other right. By using the Service or Agent Profiles, User agrees to the terms contained in the KnoxvilleCommercial.com Privacy Policy.

Terms of Use – Service

Company reserves the right to modify and/or discontinue the Service at any time with or without notice. Features that are advertised and available at the time of sign-up may be modified or discontinued at any time. Company will not be held liable to User or any other Third Parties for any price change, modification, suspension or discontinuation of any Company Service. Company retains the right to test features, modifications, and possible upgrades associated with your account without notice or permission at any time.

Terms of Use – Content Ownership and Copyright

User is solely responsible for all content displayed in association with User’s account.

User agrees not to commit copyright or trademark infringement by posting, displaying, sharing, or linking to content that User does not own or have explicit permission to reproduce.

User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the public or private portion of Service, and thus grants third parties the right to share User content while also relieving Company of any legal or financial liability that may arise.

While Company does not prescreen all content that User publishes, Company reserves the right to remove or refuse any content deemed unacceptable at any time for any reason.

The look, feel and functionality of the Service Jason Everbach, Realtor (all rights reserved) and any respective authors whose products may be involved. You may not copy, duplicate, reuse, hack, or make public any portions of the HTML, CSS, JavaScript, PHP, Python, other technical configurations, Company content, or design elements without the express written permission of Company.

The Service relies on computer code and services assembled from various sources and third-party partners. Sources include unique and proprietary code created by the Company, code licensed from third-party vendors and programmers, as well as code made available by open source initiatives. You agree to take no action that could infringe upon the rights of the legal owners of the code or lessen its value in any way. This means User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any third-party individuals without the express written permission of Company or the respective copyright holder. User acknowledges that Company has no control over the ongoing availability of third-party code and features and thus relieves Company from any liability that could arise from loss of current features due to a change in the availability of third-party code, features and code libraries.

User does not own any part of the Service, website, servers, technical infrastructure, bundled libraries, visual design elements, site configuration, technical processes, Service, or other Company produced content.

Any content not copied by User prior to account deactivation may become irretrievable; User relieves Company from any liability that may arise from content being lost during the account deactivation process. At no time will User or any third-party be granted access to Company servers or any level of administrative access beyond the default access that is included to all paying Users of Service.

Terms of Use – Updates, Changes, and Modifications

Company may update, change, or modify this Terms of Use at any time with or without notice. All Service updates, changes, and modifications shall also be subject to this Terms of Use. User’s continued use of the Service following any changes to this Terms of Use shall constitute User’s consent to such changes.