Terms and Conditions | Privacy Policy | Refund Policy

Terms and Conditions | Privacy Policy | Refund Policy

Please read the following terms of use relating to your use of this site and our services carefully. By using this site or our services, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use our services, this site or any of our sites.

By registering for and/or accessing, browsing, or otherwise using the Website and/or any of our services, you acknowledge that you have read, understood and agree to be bound by this Agreement. Agent Operations® dba Tucker Kaasch, LLC may, in its sole discretion, revise this Agreement from time to time by updating these terms and conditions or the privacy policy, with the revised terms taking effect on the date of posting. Your continued use of our services or the Website after the posting of such revisions constitutes your acceptance of the revised version of this Agreement. You should review this Agreement every time you use AgentOperations.net or AgentOperationsTX.com, as this Agreement is a legal contract binding on you. If you do not accept this agreement, please do not use our services or this website. Additional services identified on or available through Agent Operations® and/or Tucker Kaasch, LLC may be subject to additional terms separate from this Agreement.

Advertising and Marketing Approval

The majority of real estate brokerages require sales associates to submit all advertising to the Sponsoring Broker to receive written approval from Sponsoring Broker prior to publication or communication of the advertising. By engaging Agent Operations®, a division of Tucker Kaasch LLC, you acknowledge that this is your responsibility and yours alone. While we work diligently to create marketing and advertising to TREC, TAR and NAR specifications, Agent Operations® and Tucker Kaasch LLC assume NO responsibility for obtaining specific advertising or marketing approval from your Sponsoring Broker. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from Agent Operations®.

Customized Proposals

As an added service to clients and potential clients, we always provide a customized proposal that includes recommendations, details, and costs associated with our various services. The prices in each proposal are good for thirty (30) days from the date of the proposal.

Our catalog (available upon request) reflects up-to-date pricing and product descriptions.

Sphere of Influence and Database Marketing

As a content provider, we trust that you have obtained appropriate permissions from everyone in your database (see specific rules below). If you have not taken the time to do this, there can be serious consequences (see the CanSpam Act).

While we work diligently to create amazing content for your sphere of influence/database to enjoy, Agent Operations® will not be held responsible for any adverse reactions to your MailChimp or other email or mail marketing accounts under any circumstances.

If we are providing email marketing campaigns, included but not limited to, email newsletters, you agree that you abide by all of MailChimp’s rules. If you do not agree to abide by these rules (including those points bulleted below), please do not move forward with your marketing activities with us. Additionally, you agree that your database includes contacts who fit the following criteria:

– People and entities that either:

  1. a) Gave you written (including electronic) permission to send Emails to them, have not withdrawn that permission, and:

– gave you that permission in the past 12 months; or

– didn’t object to promotional content you sent them in the past 12 months.

  1. b) Gave you their name and email address in connection with a purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails, and either:

– purchased something from you or negotiated a purchase from you in the past 12 months; or

– didn’t object to promotional content you sent them in the past 12 months.

– If you send Emails to a list and you get an unusual amount of SPAM complaints, ISPs will start blocking emails from your company. They’ll also ask MailChimp to shut down your account (“ask” is putting it mildly). So if you don’t have proof that every recipient on your list opted-in to receive your emails, or otherwise meets the requirements listed above, then don’t import the email addresses into MailChimp or use Agent Operations® as your content provider solution.

When Work Begins

We work extremely hard on each and every project, and we value your business. We view your marketing as a partnership and require certain pieces of the puzzle to be in place before we can begin your project or projects. Unless otherwise noted in writing, the following are required before our team commences work on your project:

  • Payment in full
    • Exception: your project was bid as an hourly rate
  • Completed “New Client Information Request Form
  • Uploaded headshot, logo and any other images required for your project(s)
  • Bio (if applicable)
  • For newsletters: your complete database in either an Excel or CSV file, categorized with First Name, Last Name and Email Address (at a minimum)
  • Any additional information or content required from you for your project
  • Agreement, in full, to our Terms and Conditions, Privacy Policy and Refund Policy

Please note: if receipt of any of the items above are delayed, this will, in turn, delay your project.

Turnaround Time

Our team puts heart and soul into each and every project. That means that our current estimated turnaround time is between ten (10) and fourteen (14) business days, depending on your project and unless otherwise noted.

Payment for Traditional Projects

In order to begin your project(s), we require payment-in-full (unless your project has been specified as an hourly job). You will receive an emailed invoice from our Finance Department. Please feel free to pay right from the invoice with any credit (or debit) card, Amazon Payments or even Paypal. The “Pay” link is right below the red header. The invoice is sent through our e-Commerce system and sometimes gets caught in spam filters; please make sure to check your spam folder if you don’t see the invoice.

At this time, we do not require our clients to sign contracts that bind you to do business with us. We want to continue to inspire you to do business with us by working hard on each project you choose to do with us. Additionally, we do not require that you keep your credit card on file with us unless you choose to do so. We strive to keep our prices fair, as we believe that great marketing should also be affordable.

Payment for Hourly Projects

If your project has been bid as an hourly project, you will be invoiced as work is completed. Invoices are sent by our Finance Department. Depending on the length of your project, you may receive invoices at various intervals. Please feel free to pay right from the emailed Agent Operations® invoice with any credit card, debit card, or Paypal. The “Pay” link is right below the red header. The invoice is sent through our e-Commerce system and sometimes gets caught in spam filters; please make sure to check your spam folder if you don’t see the invoice.

If your project is quoted as an hourly job, there is a one (1) hour minimum on every hourly job. After the first hour, work is billed in fifteen (15) minute increments.

Late Fee Policy

All invoices over 30 days past due will be subject to a $25 recurring late fee, assessed every 30 days until the invoice is paid in full.

We reserve the right to refuse service to past due, charged off, or chronically past due clients.

Keeping a Credit Card on File

If you would like to keep your credit card on file with the Agent Operations® Finance Department, we will securely store your information for future billings. We always provide detailed receipts for each purchase so you can track your marketing expenses.

Rush Fees

If your project(s) requires a faster turnaround time, our team may be able to accommodate you (based on current design and content load). A rush fee will apply to your project or projects and is detailed below. The rush fee varies, depending on the size of the product (relative to price) and how quickly you need the product:

Billing or Invoice Questions

If you have questions about an invoice that you received, please contact the Agent Operations® Finance Department at Finance@AgentOperations.net or (512) 400-2345 ext. 5.

Tracking Your Progress

It’s important to us that you’re able to track the progress of your projects with us. You will receive an order summary once your order is placed, a receipt for payment from our payment processor, a payment received notification from our Finance Department with additional information regarding your order, and periodic updates from our team. If you have questions, please feel free to reach out to our team anytime at Team@AgentOperations.net.

Complimentary Marketing Consultations

Agent Operations offers one free initial marketing consultation (1-hour maximum) and one free follow-up consultation (1-hour maximum). This free offer is subject to change without notice based on current client load. All subsequent meetings, consultations and follow-up conversations (in-person or on the phone) are subject to our normal consulting rates (billed $50 per hour) unless otherwise noted.

Recurring Services

Agent Operations® does not require contracts for recurring services like newsletters and social media management. We do, however, require a 30-day notice for cancellations on all recurring services. If you do not provide at least 30 days notice before you wish to cancel, your service will be delivered and you will be charged for it.

Newsletters, Proof Approval, and Recurring Services

Agent Operations® doesn’t require contracts because we want you to be inspired to do business with us. We work diligently to create amazing, personalized newsletter content for your audience. We always require that you approve of a test newsletter in writing (via email) prior to dissemination. The test newsletter (or newsletter proof) will come from your MailChimp account unless otherwise noted in your services with us. Please be on alert for it and review it carefully, clicking on each image and reading each content piece. Once you have approved of the proof via email, it is understood that you are completely satisfied with the work and that you remove us from any and all liability stemming from errors or omissions in the piece. We accept proof approvals by email only. We do not accept newsletter proof approvals verbally or via phone, text message, or voicemail. Agent Operations® will not be held responsible or liable for any reason after you have approved of your newsletter proof with us.

We understand that real estate gets busy. If we have sent your test newsletter and don’t receive a response, we will send one (1) reminder email about your newsletter proof, requesting your review and approval.  If we arrive into the following month without your previous month’s newsletter being sent due to a lack of responsiveness on your part, you will be charged for the following month’s newsletter, just like any month. There may be times, at our sole discretion, that we charge a “rework fee” of $50, rather than a newsletter fee of $75, but this should be considered the exception and not the rule.

Please note that Agent Operations®’ normal business hours are Monday through Friday, 9 am to 5 pm CST. We are not open on Saturdays, Sundays, or any Federal or State (Texas) observed holidays unless otherwise noted. Notices, including newsletter and proof approvals, sent after business hours are considered received on the morning of the following business day.

Proof Approval

Prior to sending your project(s) to print or email dissemination, we will send a design proof for your approval via email. Please review it carefully. All of our pricing includes three (3) edits. If your edit requests extend beyond three edits, you will be billed $35 per hour for the time it takes to complete your requested edits.

Once you approve of the design proof in writing (via email), you are solely responsible for the content contained therein. We accept proof approvals by email only. We do not accept any proof approvals verbally or via phone, text message, or voicemail. Agent Operations® will not be held liable for errors or omissions in the design proof once you have approved of the proof, including redesign, reprinting, reproduction or any other costs under any circumstances.

Time is of the Essence

Agent Operations® works extremely hard on your project(s), and we have many clients we love to make swoon. Please note that a delay in your response to our communication, obtaining edits, receiving proof approval, etc., will cause delays in your project(s) with us.

Working with Real Estate Teams

We absolutely love working with real estate teams. To comply with our pricing terms, there are times when we will require a single point of contact, i.e., a centralized email address and/or phone number, for marketing pieces in order for your service to count as a single order with us (versus multiple orders and therefore, more than one charge). This particularly applies to social media cards and social media management. If there are multiple social media accounts for team members that we will be managing, we will count those as separate orders. If there is a single “team” social media account (with a centralized “team” email and phone number), we are happy to count that as a single order. If you ever have questions about how this may apply in your particular service(s) with us, reach out to us anytime: (512) 400-2345 or Team@AgentOperations.net.

Consulting and Teaching Services

Your consulting/teaching appointment will take place with Lora Kaasch, our Director of Marketing, unless otherwise noted. Please take a moment fill out our new client information form for consulting. This form will also cover your desired meeting place. We are happy to meet at your office, home office or somewhere in the middle.

You will receive an electronic invoice for the first hour of our time together prior to your appointment. This invoice must be paid-in-full at least 48 hours prior to your scheduled appointment. If the invoice is not paid within that timeframe, your appointment will be cancelled without notice. Consulting hours beyond the first hour (if applicable) will be billed after your session, along with travel time to and from our home base in Round Rock (travel is billed at our reduced hourly rate of $35 per hour).

Meeting and Consultation Cancellations

We strive to serve as many clients as possible with individualized, high-quality service. Out of respect to all of our valued clients, we require 24-hour notice for all appointment cancellations (in-person and phone), including free marketing consultations. If you do not give at least 24-hour’s notice or are a no-show for your appointment, you will be charged a $35 cancellation fee.

Databases

Maintaining your sphere of influence database is one of the most important facets of establishing a long-term referral-based real estate business. If you need assistance exporting, formatting or reformatting your database, we are happy to help, depending on the scope of your database and the availability of our team. You will be billed $50 up-front for the first hour and $35 for each additional hour upon completion of the project.

You will be provided with a spreadsheet of your formatted/reformatted database upon project completion. We strongly suggest that you review the file completely to ensure the accuracy of your database and the contact information contained therein. Agent Operations® will not be held responsible for your database or any adverse reactions to your MailChimp or other email or mail marketing accounts under any circumstances.

The Agent Operations® Team is happy to pull a farm database(s) for your upcoming mailing for a nominal fee. The resources we use are Realist and/or REISource, depending on your requested farm parameters and demographics. If your request is basic and we are able to pull your database from Realist, you will be charged a flat fee of $35 per database. If your request is more specialized and requires us to use REISource, you will be charged $35 plus the cost to obtain the database list from REISource.

If you change parameters or demographics from the initial database you requested, you will be charged a re-pull fee of $35. If you change parameters or demographics from the initial database you requested and we used REISource for your data, you will be charged a re-pull fee of $35 plus the cost to obtain the new database list from REISource.

Property Marketing

The Agent Operations® marketing and logistics teams love helping our clients market their listings with savvy and strategy. Please keep in mind that we will always respect the relationship you maintain with your clients. Because of this, we prefer to deal only with our clients, meaning you, the agent, and not your seller(s). Additionally, we cannot and will not pick up listing or contract documents, make specific property recommendations or speculate on what should or shouldn’t be done with a particular property regarding repairs or presentation, as we view this as interference with the fiduciary relationship between you and your seller-client.

We respectfully request that you do not give out the Agent Operations®’ team’s cell phone number(s) to your seller(s) or loop our team in on group text or email messages with your clients. While we love to be helpful to all parties, we prefer to deal only with you, our client.

We understand that time is of the essence when marketing a property. Our current estimated turnaround times for property marketing projects is three (3) to five (5) business days, unless otherwise specified.

Customer Service

Should you need to contact our customer service department, please call (512) 400-2345 or email Team@AgentOperations.net. We will respond promptly.

Earnings Disclaimer

We don’t believe in “get rich” programs – only in hard work, adding value, building a real and professional career, and serving others with excellence and consistency. Our programs are intended to help you share your message with a wider audience and to make a difference in the world while growing your personal and real estate brand. Our programs take a lot of work and discipline just like any worthwhile endeavor. Please don’t enroll in our programs or purchase our services if you believe in the “money for nothing get rich quick” myth or ideology. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We believe results in life are up to the individual. Agreed?

We just want to help by giving great content, service, direction, and strategies. Nothing on this page, email, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration and/or purchase here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

Owners and Collectors of Information

These terms of use apply to your use of all of the Sites and services owned, hosted, delivered or operated by Tucker Kaasch LLC, dba Agent Operations® (collectively “we,” “us,” or “our”), including AgentOperations.net and any other site that we have owned or operated, do own and operate or may own or operate in the future including social media sites (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to.

If you have any questions about these terms of use you may contact us at:

Tucker Kaasch, LLC, dba Agent Operations®

1113 Apollo Circle

Round Rock, TX 78664

Telephone: 512.400.2345

Team@AgentOperations.net

Restrictions

The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. All information on the Sites is copyrighted by Tucker Kaasch, LLC dba Agent Operations®. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.

Links

These terms of use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.

Disclaimers

The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

Limitation of Liability

Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.

No Professional Advice

The information contained in or made available through the Sites or through Agent Operations® services cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Privacy Policy

We are committed to protecting your privacy and security. We control this site and our services from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Outside Sites (Their Privacy Policies May Be Different)

The Site contains links to other websites that our customers might find useful. These sites may request information from you. In such instances, the collection and use of your personal information will be governed by the privacy policy applicable to that site. We do not control the privacy policies, contents or links that appear on these sites. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.

How and Why We Collect Information

We collect your information in order to record and support your participation in the activities you select. If you hire us to help with your marketing, for example, the information is used to capture your style, construct marketing materials for you, and keep you informed about our services and related products and/or events. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as requesting a marketing quote or consultation, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at Team@AgentOperations.net. You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.

Exceptions to Privacy Policy

While we are committed to keeping your information secure and private, we have the following exceptions to our privacy policy: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Texas. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.

When You Purchase with Us

When you make a purchase with us using a credit card, the charge on your credit card statement will be from Tucker Kaasch, LLC.

Refund Policy

Thank you for shopping with Tucker Kaasch LLC, dba Agent Operations®. We strive to exceed your expectations and want you to be delighted with your purchase. We always use reasonable discretion with our refund requests.

Design and set-up fees are non-refundable. Refunds will not be provided for marketing materials produced which have been proofed and approved by the client. However, reasonable discretion will be used in determining refunds for items beyond client control (i.e., produced incorrectly). If a refund is requested for materials, the client must notify Agent Operations® within 3 business days of receiving the order. We will notify you within 24 hours as to the status of your refund after inspecting the item. If your refund is approved, we will initiate a refund to your credit card (or original form of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.

Shipping

You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Contact Us

If you have any questions on how to return your item to us, please contact us:

Tucker Kaasch, LLC, dba Agent Operations®

1113 Apollo Circle

Round Rock, TX 78664

Telephone: 512.400.2345

Team@AgentOperations.net

Disclaimer of Warranties

AGENTOPERATIONS.NET, TUCKER KAASCH, LLC dba AGENT OPERATIONS®, AND ITS OFFICERS ARE PROVIDED: (1) WITH ALL FAULTS AS IS AND AS AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. TUCKER KAASCH, LLC, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE WEBSITE, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) BODILY INJURY, DEATH, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

Confidentiality and Non-Compete

Users of our services and sites hereby understand that the tools, processes, strategies, materials and information presented during our consultations or through use of our services or sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

Right to Refuse Service

Agent Operations® will never refuse service based on any constitutionally-protected rights or actions of clients or customers under federal or state laws, but we do reserve the right to refuse service based on issues we deem as problematic or potentially problematic, including but not limited to, clients who are: rude, harassing, or profane to staff; miss two or more scheduled appointments (phone or in-person); no-call, no-show on scheduled appointments (phone or in-person); have been 30 days or more delinquent on their billing with us; differ on marketing philosophies; demand free products or services; demand items or services not included in the product’s or service’s published description (as detailed in the most recent version of the Agent Operations® catalog) to be included at no charge; treat our staff poorly, or other.

Changes to These Policies

We reserve the right to revise or update these terms of use, privacy, refund or pricing policies at any time. These terms of use may only be modified by an authorized executive of Agent Operations®. If we make any changes to these policies, we will post the updates on this website and will update the date at the bottom of this page. The updates to these terms of use are effective upon being posted on this website.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the Tucker Kaasch LLC and Agent Operations®, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Tucker Kaasch LLC and Agent Operations®. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Tucker Kaasch LLC and Agent Operations® as provided below.

You promise that you will not use the Tucker Kaasch LLC and Agent Operations® to:

Transmit any Content not related to appropriate subject matters; which is misleading to others, including consumers; that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; that you do not have a right to post and transmit under any law or under contractual relationships; such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the Tucker Kaasch LLC and Agent Operations®, you grant, and you represent and warrant that you have the right to grant, to Tucker Kaasch LLC and Agent Operations®, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Tucker Kaasch LLC and Agent Operations®, you grant Tucker Kaasch LLC and Agent Operations® all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Tucker Kaasch LLC and Agent Operations® by any party for any purpose.

Tucker Kaasch LLC and Agent Operations® are committed to maintaining the privacy and security of any and all such information that you provide to Tucker Kaasch LLC and Agent Operations® in accordance with its Privacy Policy.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Tucker Kaasch LLC and Agent Operations®), the Terms of Use constitutes the entire agreement between you and Tucker Kaasch LLC and Agent Operations® and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tucker Kaasch LLC and Agent Operations®. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright

All materials on the Tucker Kaasch LLC and Agent Operations® (as well as the organization and layout of the Tucker Kaasch LLC and Agent Operations®) are owned and copyrighted or licensed by Tucker Kaasch LLC and Agent Operations®, its corporate affiliates or its third-party vendors. ©Tucker Kaasch LLC and Agent Operations® to Current, All Rights Reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Tucker Kaasch LLC and Agent Operations® are permitted without the written permission of Tucker Kaasch LLC and Agent Operations®. Any rights not expressly granted herein are reserved.

Last Updated: June 19, 2017

 

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