Terms & Conditions - User Agreement

Welcome to TopAgentToolbox.com (TATB). Top Agent Institute, LLC (TAI) provides its services to you subject to the following conditions. Please read them carefully.

By enrolling, accessing and using this site (the "Site"), you are stating that you have read and agree to the terms and conditions of this User Agreement just as if you had signed an agreement containing the User Agreement.

IF YOU DISAGREE WITH ANY OF THE TERMS THAT FOLLOW, OR DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, DO NOT ENROLL, USE THIS SITE OR THE APPLICATIONS CONTAINED WITHIN.

1. PERMITTED USE AND RESTRICTION ON USE

PERMITTED USE: The Site contains material which is derived in whole or in part from material supplied by TAI and other sources, and is protected by U.S. and international copyright, trademark and other applicable laws.

You may download, use, modify and reproduce only those materials that you are invited to download and customize ("Customized Materials") from the Site for your individual use as a real estate agent/broker; provided, however, you will not provide the Customized Materials to any other person in a manner other than for which it was intended, including, without limitation, any person in the business organization in which you are employed and/or an independent contractor of.

RESTRICTIONS ON USE: You may only access TATB if you have a fully paid membership; only the member is entitled to access TATB. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the Site or content received through TATB to anyone, including your fellow agents/employees. You agree not to create abstracts from, scrape or display from our content for use on another web site or service. You agree not to post any content from TATB to newsgroups, mail lists or electronic bulletin boards, without our prior written consent. To request consent for this and other matters, please contact MemberServices@TopAgentInstitute.com.

Except for the Customized Materials, no other materials (including but not limited to the text, images, audio and/or video) and no code or software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (collectively, the "Other Materials") (the Other Materials and the Customized Materials are collectively the "Materials"), may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled or otherwise reduced to a human-perceivable form. Modification of the Materials other than the Customized Materials or use of the Materials for any other purpose than online viewing is a violation of TAI's or such other sources' copyright, trademark and other proprietary rights. TAI grants you individually a limited license in the Materials during usage, but TAI does not transfer title to the Materials to you. You own the medium on which the Materials are recorded (if provided in hard copy form), and TAI retains full and complete title to the Materials and all intellectual property rights therein. You may not distribute any of the Materials to others, in a manner other than for which it was intended, including, without limitation, any person in the business organization by which you are employed or otherwise affiliated, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Materials. The use of any such Materials on any other website or networked computer environment is prohibited.

2. YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Solely to enable TAI to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. TAI will only use your information in accordance with our Privacy Policy.

3. LINKED SITES

TAI is not necessarily affiliated with sites that may be linked to the Site ("Linked Sites") and is not responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked sites or any association between TAI and their owners or operators. You assume sole responsibility for use of third party links.

4. FORUMS

The TATB Site includes bulletin boards, chat rooms, e-mails or other forums ("Forums"). TAI is not responsible for any material posted on the Forums, and it is a condition of your use of the Forums and the Site that you shall not upload, transmit, distribute or otherwise publish through such Forums any content which: violates any law; libels; defames; is obscene; hateful; racist; harassing; vulgar; pornographic; abusive; threatening; profane or indecent, including images and language; infringes any intellectual property rights of a person or entity, including without limitation, violating a copyright or trademark or other proprietary right or derivative works with respect thereto; violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights; in any way exploits any information; software or other material for commercial purposes or which contains advertising; promotion or marketing without the express written permission of TAI (if such consent is given, only pursuant to the terms and conditions designated in the written permission from TAI); is for the benefit of any business entity in which you have a direct or indirect financial interest without the express written permission of TAI (if such consent is given, only pursuant to the terms and conditions designated in the written permission from TAI); solicits gambling or engages in any gambling activity; contains a virus or other harmful component; advocates illegal activity; solicits any illegal act; uses the service for any purpose other than which it is intended; impersonates any person; or uses forged headers or other identifying information in a defamatory way. While TAI does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, TAI reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or unacceptable as set forth hereinabove or otherwise. You acknowledge that TAI reserves the right to, and may from time to time, monitor any and all information transmitted or received, for operational and other purposes. Your use of this Site constitutes consent to such monitoring. TAI will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. TAI reserves the right to immediately terminate its service to any customer for any violation of this Agreement.

5. CONTINUITY OF SERVICE

TAI makes every effort to keep its service up and running. However, TAI cannot and will not guarantee 100% uptime of our service and operation of the Site may be interfered with by numerous factors outside of our control. In no event shall TAI be liable for any disruption of service.

6. DISCLAIMERS AND LIMITATIONS ON LIABILITY

This Site is designed to provide accurate and authoritative information in regard to the marketing of real estate services. The content within this Site does not purport to consider or analyze all the body of issues that may surround the various aspects of marketing of real estate services. In addition, the real estate business is subject to extensive regulation, including but not limited to the Real Estate Settlement Procedures Act ("RESPA"). TAI is not providing, nor should any content provided on or through the Site, be regarded or deemed to be any advice regarding compliance with any applicable laws or regulations, including RESPA. Neither the publisher nor the authors of this Site are engaged or intend to engage in rendering legal, accounting or any other professional services. This Site, any content therein, and any other external hyperlinks referenced in this site are offered for informational purposes only. Information given here should not be substituted for sound counseling by a qualified attorney or other professional person.

TATB contains facts, views, opinions, statements and recommendations of third party individuals and organizations. TAI does not represent or endorse the accuracy, correctness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. You should regard statements non-factual in nature to constitute current opinions, which are subject to change. With respect to statements factual in nature, including information regarding the past performance of the real estate market or with respect to historical data, you should be aware that past performance is no guarantee of future results and the historical information that may be provided does not predict future activity. Any reliance upon any such opinion, advice, statement or information is at your sole risk.
Without limiting the generality of the foregoing, TAI is not qualified or authorized to give legal advice. If you wish to obtain investment, accounting or legal advice, you should consult a licensed adviser or specialist. You should not regard any comment or expression of opinion of any person provided on the Site or otherwise to the members as legal advice or securities recommendations nor should you act upon any investment advice given or securities recommendations made to you by a person who is not qualified or licensed to give such advice or to make such recommendations (including TAI).

Your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site, any of the materials contained in the Site including, without limitation, the conference calls, recordings and other TAI communications which include the "Quick Tips", PowerTalk Interviews, voicemails, and electronic transmittals to members, with this User Agreement or if the Site is not functioning to your expectations, your sole and exclusive remedy is to discontinue accessing and using the Site. See Section 12 below regarding TAI's refund policy.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TAI, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE, EVEN IF TAI WAS ADVISED BEFORE HAND OF SUCH POSSIBILITY. TAI DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TAI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAI IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, COMPUTER, EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY TATB OR ANYONE ELSE. IN NO EVENT SHALL TATB'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE ANNUAL AMOUNT PAID BY THE ACCOUNT HOLDER, FOR ACCESSING THE SITE. THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TAI cannot ensure that you will be satisfied with any products or services that may be advertised on the Site or that you may purchase from a third-party site that may be on, or linked to or from the Site, since such product or services may be owned and operated by independent retailers. TAI has not taken any steps to confirm the accuracy or reliability of any of the information contained in such advertisements or third-party sites. TAI does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against TAI, its affiliated companies, affiliates and their respective directors, officers, employees and agents with respect to such sites. TAI strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless TAI, its parents, subsidiaries, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from: (a) any Materials posted or otherwise provided by you that infringe any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site or reliance by you on any Materials contained on the Site; (c) any non-compliance by you of the User Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the Information or Materials obtained through the Site.

8. COPYRIGHT

All information, content, services and software displayed on, transmitted through, or used in connection with this Site, such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is the property of TAI and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of TAI and protected by U.S. and international copyright laws. All software used on this Site is the property of TAI or its software suppliers and is protected by United States and international copyright laws.
TAI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact: MemberServices@TopAgentInstitute.com.

9. TRADEMARKS

TopAgentToolbox.com is a registered trademark of TAI in the United States. TopAgentToolbox.com and the graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TAI. TAI's trademarks and trade dress may not be used in connection with any product or service that is not TAI's, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TATB or TAI.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TopAgentToolbox.com so long as the link does not portray TATB, TAI, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner and provided that you agree to cease such link upon request from TAI. You may not use any TAI logo or other proprietary graphic or trademark as part of the link without express written permission.

10. COMMUNICATIONS/SUBMISSIONS

When you visit TATB or send e-mails to TAI, you are communicating with TAI electronically. You consent to receive communications from TAI electronically. TAI will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that TAI provides to you electronically satisfy any legal requirement that such communications be in writing. From time-to-time, TAI may provide its members with voice broadcasts containing information that TAI feels is of interest and/or importance to its members. These voice broadcasts are delivered to members in the form of prerecorded voice mail messages. By using the Site and therefore agreeing to the terms of this Agreement, you hereby give TAI your express consent to receive such voice broadcasts. Any creative materials which you post on the Forum (as defined in Section 6 below) or transmit to the Site or TAI by electronic mail, telephone conference call, live or recorded interview, or otherwise, including creative suggestions, ideas, notes, drawings, concepts or other information, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information") shall be deemed, and shall remain, the property of TAI. None of the Information shall be subject to any obligation of confidence on the part of TAI and TAI shall not be liable for any use or disclosure of any Information and TAI is hereby granted a non-exclusive license to use in perpetuity, throughout the universe, any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled without restriction to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute or incorporate the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

11. ASSIGNMENT

You may not assign your rights or obligations arising under this Agreement without TA's prior written consent. Any other assignment shall be null and remain void. TAI may assign its rights and obligations under this Agreement, but must provide written notice to Customer within 30 days of doing so.

12. TERMINATION AND FEES EARNED

TERMINATION BY TAI: TAI reserves the right to terminate this Agreement for any reason whatsoever. TAI reserves the right to modify or discontinue this Site, or any portion thereof (including Forums) without notice to you or any third party.
TERMINATION BY YOU: You may terminate this Agreement upon written notice to TAI, within the terms and conditions outlined in this Agreement. There are no trial periods. Unless otherwise specified by written agreement, upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. You may maintain copies of Materials previously used by you for archival purposes and you agree not to use any Materials on a go forward basis. In the event of termination, you are no longer authorized to access the Site or any portion thereof. The restrictions imposed on you with respect to Materials downloaded from the Site, your indemnity and all disclaimers and limitations of liabilities set forth in this Agreement shall survive the termination of this Agreement.

FEES EARNED: Due to the nature of the Site and the disclosure of the materials by TAI to you for your personal commercial use, any fee billed by TAI is truly earned upon billing. As a result, there will be no refunds, in whole or in part for members.

13. PRICING AND PAYMENT POLICY

For the convenience of our members, TAI offers several payment plans.

Monthly “Flexible” Payment Plan – this plan bills month-to-month and can be cancelled at any time with a 30 day written notice. Once the monthly fee is billed, it is non-refundable. If a promotional 30 days of free access is provided along with the purchase of another Top Agent Institute product, the member may terminate membership anytime during the first 27 calendar days of the promotional period and not incur any first month’s billing. In all other circumstances, if a member cancels mid-month, the final regularly scheduled monthly billing will be billed and member’s membership will terminate 30 days after final billing.

Monthly “Locked-In” Payment Plan - this plan includes a setup fee (including your first month’s enrollment fee) plus 11 additional monthly payments. This plan requires an initial 12 month commitment, and after the first 12 months, the program automatically continues on a month-to-month basis at the monthly rate.

Should you default on the payment of any monthly payment plan at any time, for any reason, TAI reserves the right to suspend your account until all delinquent fees are paid in full. If your account is suspended for 30 days or longer for any reason, you may be required to pay a reinstatement fee of $250. If you elected to pay on the monthly “locked-in” payment plan and the suspension occurs during the first year commitment period, then in addition to the reinstatement fee of $250, you will automatically be recommitted to 11 consecutive months following reinstatement at the then current monthly rate per month.

Should you default on the payment of your monthly “locked-in” membership fees, for any reason, for two months in any 12 month period, TAI reserves the right to: a) change the status of your membership to an annual membership, with all remaining fees to be paid in full (fees paid to date will be applied to the full annual membership price); or b) suspend your membership.

Annual Pre-paid Membership - this plan is payable in one lump sum and covers a 12 month period. After the first 12 months, the membership automatically converts to a month-to-month billing at the current monthly membership fee. This plan requires a 12 month commitment at the time of sign up. An annual renewal option may be offered at the sole discretion of TAI.

At the time of enrollment in your TATB membership, you must choose one payment plan that will constitute the payment terms of your membership, except in the case of defaulting on monthly fees, which is at the discretion of TAI as described above. TAI, manages these pricing plans as separate and distinct plans. Switching between payment plans is prohibited without prior written consent from TAI.

Should you not fulfill the 12 month commitment in either plan, for any reason, a contract buy out fee of 50% of your remaining contract fees due, or $297 (whichever is greater) will be assessed to your account and will come due in full at the time your account becomes past due, in addition to any past due fees.

Renewal Membership: Your membership will renew automatically, unless TAI terminates it or you notify us in writing of your decision to terminate your membership. You must notify us and provide 30 days notice in order to avoid billing of Membership Fees for the renewal term to your credit card. Fees billed are non-refundable. Monthly membership fee is subject to change upon renewal and so long as membership runs on a month-to-month basis. If you prefer to lock in your monthly membership rate, please contact a TAI sales representative at 800-799-8760, Option 1, or MemberServices@TopAgentInstitute.com to discuss your options.
Terms of payment are within TAI's sole discretion, and unless otherwise agreed to by TAI, payment must be received by TAI prior to TAI's acceptance of an enrollment. Pricing, specifications, availability and terms of offers may change without notice. You agree to pay interest on all past-due sums at the highest rate allowed by law.

All prices are listed in U.S. dollars. You may use Visa, MasterCard, or American Express credit cards. We also accept debit cards with the Visa or MasterCard logo for payment of Annual Pre-Paid memberships only.

TAI offers multiple member discounts, as well as additional services to corporate accounts. For further information on either, please contact TAI at 800-799-8760, Option 1, or email MemberServices@TopAgnetInstitute.com.

14. ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on this Site:

PRIVACY POLICY
As described below, as part of the normal operation of our services, your information is collected by us, disclosed to third parties and used by third parties and us. This Privacy Policy describes the information we collect about you and what may happen to that information.
What Personal Information About Customers Does TAI Gather?
• Information You Give Us: We receive and store any information you enter on this Site or give us in any other way. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
• Automatic Information: We receive and store certain types of information whenever you interact with us, we use "cookies," and we obtain certain types of information when your web browser accesses TATB. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on this Site and you may be required to reenter your password more frequently during a session.

TAI Shares the Information it Receives.
• We use your information to facilitate the services you request. We use information in the file we maintain about you, and other information we obtain from your current and past activities on this Site, to resolve disputes, troubleshoot problems and enforce our User Agreement.
• You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze Site usage, improve our content and product offerings, and customize the Site's content, layout, and services.
• You agree that TAI may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests and relevant to your use of the Site.
• As a matter of policy, TAI does not sell or rent any personally identifiable information about you to any third party. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy.
• TAI will combine personally identifiable information from all user accounts and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. To the extent that we use third party advertisers, they adhere to their own privacy policies.
• TAI can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
• TAI offers you the ability to automatically review and change the information you submit to TAI by logging into the Site and entering in the new information yourself.
• Upon your request, TAI will deactivate your account, contact information, billing information, shipping information, and financial information from its active databases to prevent your information from being shared with other users.
• TAI may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on this Site.

Each of these policies may be changed from time to time and are effective immediately after TAI posts the changes on this Site, except for the Privacy Policy for which TAI will provide you with thirty days prior notice. In addition, when using particular services on this Site, you agree that you are subject to any posted policies or rules applicable to services you use through this Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. This Agreement and any other posted operating rules constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, between TAI representatives and you.

15. AMENDMENT OF AGREEMENT

TAI may amend this Agreement from time to time on an as-needed basis by placing an update of this Agreement online at this Site at this location or at any other location designated at said Site.
Any changes to this Agreement take effect upon posting to the Site. If you do not agree with any changes of the terms and conditions of TAI, you must immediately cease the use of TAI's service.

16. NOTICES

All notices shall be sufficient in all respects if given in writing and delivered by commercial courier providing proof of delivery and addressed as follows: Top Agent Institute, 5405 N. Oracle Rd. #165, Tucson, AZ, 85704 and to the email address you provided to TAI during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, to the address provided to TAI during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Further, these Terms & Conditions may be updated from time to time. Any updates will be posted on the Site for your review. Your continued access to the Site after said updates are posted shall be deemed as acceptance by you of said revised Terms & Conditions.

17. MISCELLANEOUS

The TopAgentToolbox.com Site is controlled and operated by Top Agent Institute, LLC from its offices located at 5405 N. Oracle Rd. #165, Tucson, AZ, 85704, the United States of America. TAI makes no representations or warranties that Materials in this Site are appropriate or available for use in or from other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona without giving effect to any principles of conflicts of law. Disputes between you and TAI regarding TAI's services may be reported to MemberServices@TopAgentInstitute.com. In the event of a dispute, controversy, or claim arising out of or relating to this Agreement, it shall be settled by arbitration before a single arbitrator under the commercial arbitration rules of the JAMS Endispute. The place of the arbitration shall be Tucson, Arizona. Judgment of the arbitrator shall be final and non-appealable and may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of the enforcement.

If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

You and TAI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

TAI's failure to act with respect to a breach by you or others does not waive TAI's right to act with respect to subsequent or similar breaches.

BOTH PARTIES REPRESENT AND WARRANT THAT THEY HAVE FULL POWER (INCLUDING CORPORATE POWER) AND AUTHORITY TO EXECUTE AND DELIVER THIS AGREEMENT AND TO PERFORM THEIR OBLIGATIONS HEREUNDER, AND THAT THE PERSON (AND COMPANY, IF APPLICABLE) WHO ACCEPTS THIS AGREEMENT BY CLICKING THE APPROPRIATE BUTTON ON THE TATB CLIENT LOG-IN PAGE IS DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE PARTY.