FasterAgent Terms of Service

FasterAgent, LLC ("FasterAgent", "we" or "us") provides certain software and services, as described in more detail below (the "Services"), through our website accessible at www.fasteragent.com (the "Site"). Please read the following important terms and conditions ("Terms of Service") carefully. These Terms of Service govern your access to and use of the Site, including any content, information or products therein, and your use of the Services. YOU UNDERSTAND THAT BY ACCESSING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

1. Services.

1.1 Description of Services. The FasterAgent Service consists of a variety of products, computer programs, services and web site(s) hosted or made available by FasterAgent, which you may use for managing, organizing and completing broker price opinions on multiple computer and network platforms, now known or hereafter developed (collectively, the "Services"). Notwithstanding the foregoing, the number and features of the tools, services and features made available on the Site and the Services available may vary at FasterAgent's sole discretion, and FasterAgent does not make any representation that any particular tool, service or feature will be available at any given time.

1.2 Modification of the Site or Terms of Service. FasterAgent reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and Services at any time, or modify these Terms of Service without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted to the Site. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your FasterAgent account. By continuing to access or use the Site and Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes.

2. Content.

Certain types of content are made available through the Site. As used here, "Content" means the text, data, graphics, images, and other content made available through the Site, excluding Member-Provided Data. As used here, "Member-Provided Data" means the text, data, graphics, images, and other content and information which Members (as defined below) post, upload and otherwise submit to the Site, including without limitation in Member-created profile pages. FasterAgent reserves the right to remove and permanently delete any Content or Member-Provided Data from the Site without notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any Member-Provided Data or other materials that are believed to violate these Terms of Service.

3. Registration.

In order to access and use certain features of the Site and Services, you must create a FasterAgent account and become a "Member". To become a Member you must be at least 13 years of age. If you are under 13, please do not attempt to register to use our Services. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You further agree that you will not share your user name and password with any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify FasterAgent of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service or your use of the Site and Services.

4. Termination; Cancellation

4.1 Account Termination. We may immediately terminate or suspend your access to the Site and Services and remove any material (including Member-Provided Data) from the Site or our servers, in the event that you breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. FasterAgent will not be liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING MEMBER-PROVIDED DATA) THAT YOU HAVE SUBMITTED ON THE SITE MAY NO LONGER BE ACCESSED BY YOU. Furthermore, FasterAgent will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

4.2 Account Cancellation. You may terminate your FasterAgent account at any time and for any reason by sending FasterAgent notice. Upon any termination by a Member, the related account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by FasterAgent. Any suspension, termination or cancellation will not affect your obligations to FasterAgent under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

5. Privacy.

Registration data and certain other information about you is subject to our Privacy Policy, which is hereby incorporated by reference. See the FasterAgent Privacy Policy for information and notices concerning FasterAgent's collection and use of personal information.

6. Third Party Websites.

The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that FasterAgent is not responsible or liable for the availability or accuracy of, and FasterAgent does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

7. Member-Provided Data

7.1 You are solely responsible for your own Member-Provided Data and the consequences of posting or publishing them. You understand that whether or not such Member-Provided Data are published, FasterAgent does not guarantee any confidentiality with respect to any Member-Provided Data. In connection with Member-Provided Data, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize FasterAgent to use all rights in and to any and all Member-Provided Data to enable inclusion and use of the Member-Provided Data in the manner contemplated by the Site and these Terms of Service. For clarity, you retain all of your ownership rights in your Member-Provided Data. However, by submitting Member-Provided Data to FasterAgent, you hereby grant FasterAgent a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member-Provided Data in connection with the Site and FasterAgent's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, in all cases pursuant to the FasterAgent Privacy Policy. The foregoing license granted by you terminates once you remove or delete Member-Provided Data from the Site.

7.2 In connection with Member-Provided Data, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FasterAgent all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FasterAgent or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. FasterAgent does not endorse any Member-Provided Data or any opinion, recommendation, or advice expressed therein, and FasterAgent expressly disclaims any and all liability in connection with Member-Provided Data. FasterAgent does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and FasterAgent will remove all Content and Member-Provided Data if properly notified that such Content or Member-Provided Data infringes on another's intellectual property rights. FasterAgent reserves the right to remove Content and Member-Provided Data without prior notice. FasterAgent also reserves the right to decide whether Content or Member-Provided Data is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. FasterAgent may remove such Member-Provided Data and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7.3 It is the policy of FasterAgent to terminate your access to the Site if you infringe the copyright rights of others upon receipt of proper notification to FasterAgent by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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. You may contact our Copyright Agent at copyright@fasteragent.com.

8. Conduct Restrictions.

The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:

(a) Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;

(b) Upload, post, email or otherwise transmit (i) any Member-Provided Data to which you do not have the lawful right to copy, transmit and display (including any Member-Provided Data that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member-Provided Data); or (ii) any Member-Provided Data that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

(d) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site or the Services, or interfere with the access of any Member or other user to the Site or the Services;

(e) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;

(f) Attempt to probe, scan or test the vulnerability of any FasterAgent system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

(g) Attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;

(h) Use the Services to collect or store personal data about other users without their express permission;

(i) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

(j) Knowingly include or use any false or inaccurate information in any profile;

(k) Use the Services in any way that competes with FasterAgent;

(l) Enable or encourage any unauthorized party (i.e., a person who is not a Member) to use the Site or the Services; or

(m) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service.

9. No Representations Or Warranties.

Your use of the Site, Services, Content and Member-Provided Data is at your sole discretion and risk. The Site, Services, Content and Member-Provided Data, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. FASTERAGENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND MEMBER-PROVIDED DATA, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. FasterAgent disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and Member-Provided Data will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from FasterAgent, will create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED ON THE SITE OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMUSTANCES.

10. Limitation of Liability.

IN NO EVENT WILL FASTERAGENT, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND MEMBER-PROVIDED DATA WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FASTERAGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL FASTERAGENT'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

11. Indemnity.

You agree to defend, indemnify, and hold FasterAgent, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and Member-Provided Data; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

12. General.

These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and FasterAgent that arises in whole or in part from the Site and/or the Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Service shall constitute the entire agreement between you and FasterAgent concerning the Site and the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FasterAgent's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If you have any questions about these Terms of Service, please contact us at terms@fasteragent.com.

Effective as of May 15, 2009