Agent N Touch is a mobile app builder for real estate professionals

AgentNTouch™ SUBSCRIPTION TERMS AND CONDITIONS AGENTNTOUCH™ SUBSCRIPTION TERMS AND CONDITIONS

READ THESE TERMS AND CONDITIONS CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REAL ESTATE BUSINESS SERVICES, INC. ("REBS"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PURCHASE A SUBSCRIPTION TO OR OTHERWISE ACCESS OR USE AGENTNTOUCH™. THIS AGREEMENT IS BETWEEN YOU AND REBS ONLY. APPLE, INC. ("APPLE") IS NOT A PARTY TO THIS AGREEMENT.

SECTION 1. GRANT OF LICENSE; PAYMENT TERMS.

REBS grants you a limited, non-transferable, non-sublicensable and revocable subscription for a term of one (1) year from the date of purchase (i.e. when your account is established), to access and customize AgentNTouch™ for use by your clients and customers. You agree to pay REBS any fees REBS sets forth for your AgentNTouch™ subscription (collectively, the "Fees"'). All Fees will be due and payable as outlined in REBS' then current fee schedule. For any payments not received by the due date, REBS reserves the right to charge and you agree to pay interest at the rate of one and a half percent (1.5%) per month or the maximum rate permitted by law if such maximum legal rate is less, provided however if the maximum legal rate is greater than one and a half percent (1.5%) per month then REBS may charge the maximum legal rate. You hereby authorize REBS to charge any unpaid Fees to your credit card. If you paid for your subscription to AgentNTouch™ using a credit card, refunds, if any, will be made to the credit card you used to pay for your subscription. All taxes due in connection with your subscription, if any (other than taxes based on the gross income of REBS), including without limitation, sales, use and any other tax assessed by local, state or federal authorities, will be the responsibility of and borne by you. You will not be entitled to new versions of AgentNTouch™ free of charge. REBS in its sole discretion may provide you with new versions for free or determine the applicable fees, if any, for such new versions; provided however, within ten (10) business days of receiving notice of any change in fees for new versions, you will have the right to terminate use of AgentNTouch™ upon thirty (30) days written notice to REBS if REBS ceases to offer the version of AgentNTouch™ to which you have subscribed and you do not wish to pay increased charges for a new version. You hereby give REBS and/or its agents permission to charge the AgentNTouch™ subscription fee for your account to your credit card automatically on an annual basis ("auto billing"). Auto billing shall remain in effect until you notify REBS via e-mail at info@agentntouch.com that you wish to cancel auto billing; please allow at least 30 days for REBS to process the request. The subscription period begins immediately after your credit card information is processed and your account is established. If an auto billing payment is declined, REBS may permanently restrict your ability to use auto billing and your access to and use of your AgentNTouch™ account may be suspended or terminated. Declined auto billing payments may be subject to a $15.00 processing fee per declined payment, which may be charged to your credit card or to you directly, in addition to any fees your bank or credit card issuer may charge. Should you inform REBS that you wish to cancel auto billing, REBS will not send you a payment reminder for the next subscription period; it will be entirely your responsibility to remember to pay for the next subscription period. If REBS does not receive the payment for the next subscription period prior to its commencement, access to and use of your AgentNTouch™ account may be suspended or terminated. These terms and conditions may be amended or modified by REBS at any time with or without notice; however, REBS will endeavor to provide reasonable notice of any amendments or modifications.

SECTION 2. GENERAL TERMS AND CONDITIONS. Your AgentNTouch™ subscription requires that you undergo a registration process. The registration process will provide us with current, complete and accurate information. Your email address and credit card information may be required, and you will need to choose a password. You are entirely responsible for maintaining the confidentiality of your password, security questions and answers and all other account credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify REBS immediately of any unauthorized access to or use of your account, or any other breach of security that potentially compromises the privacy of your account credentials, documents or information. REBS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by REBS or another party due to someone else using your account or password. You may not give your password or credentials to anyone else and you may not use anyone else's password or account at any time. AgentNTouch™ may enable access to third party information, services and web sites (collectively and individually, "Services"). You understand that by using any of the Services, end users agree to use the Services at his or her sole risk and that REBS and its licensors shall not have any liability to end users for such Services unless expressly given by REBS or its licensors. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the REBS is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. REBS does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to the end user. Real estate and financial information displayed within AgentNTouch™ and/or by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any transaction based upon information obtained through AgentNTouch™ or the Services, end users should consult with a relevant professional. You agree that Services may contain proprietary content, information and material that is protected by intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except as expressly permitted. No portion of the Services may be reproduced in any form or by any means except as expressly permitted. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner except as expressly permitted, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You agree not to use the AgentNTouch™ in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that REBS is not in any way responsible for any such use by you or any of your clients or customers, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you or your clients or customers may receive as a result of using AgentNTouch™ or the Services. As a condition of your use of AgentNTouch™, you agree that you will not use AgentNTouch™ for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use AgentNTouch™ in any manner that could damage, disable, overburden, or impair any REBS server(s), or the network(s) connected to any REBS server(s), or interfere with any other party's use of AgentNTouch™. You may not attempt to gain unauthorized access to AgentNTouch™, other accounts, computer systems or networks connected to any REBS server(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through AgentNTouch™. By way of example, and not as a complete list, you agree that when using AgentNTouch™, you will not:

Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Harvest or otherwise collect information about others, including e-mail addresses.
Create a false identity for the purpose of misleading others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Violate any code of conduct or other guidelines which may be applicable.
Violate any applicable laws or regulations.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of AgentNTouch™ or other user or usage information or any portion thereof.
Use AgentNTouch™ or the REBS server(s) in connection with surveys, contests, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise) prohibited by law.

Any unauthorized reproduction, distribution or use of AgentNTouch™ in whole or in part is expressly prohibited, may result in immediate termination of this Agreement, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

SECTION 3. OTHER RIGHTS AND LIMITATIONS. Except as expressly permitted by this Agreement, you may not distribute or reproduce copies of AgentNTouch™ to third parties, including but not limited to transferring AgentNTouch™ electronically from one computer to another through any communications means or over a computer network. You may not reproduce AgentNTouch™ or any content or data therein, on any website in any way, except as expressly permitted by this Agreement or otherwise permitted by REBS. You may not reverse engineer, decompile, or disassemble AgentNTouch™, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend AgentNTouch™. You may not transfer any or all of your rights or obligations under this Agreement. REBS may provide you with support services related to AgentNTouch™ ("Support Services"). If so provided, use of such Support Services will be governed by REBS' then-current polices and procedures or as may be described in the user manual built into AgentNTouch™, if applicable. With respect to technical information and/or feedback you provide to REBS as part of the Support Services, REBS may use such information for its business purposes including for product support and development without notifying or compensating you. You must comply with all applicable laws regarding use of AgentNTouch™, including but not limited to those relating to privacy, personal information, telephone calls, faxes, e-mails and security breaches. You agree that REBS may collect and use technical data and related information, including but not limited to technical information about your device, system and software and peripherals, that may be gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to AgentNTouch™ and for statistical purposes. REBS may also use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

REBS, not Apple, Inc., is solely responsible for AgentNTouch™ and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to AgentNTouch™. In the event of any failure of AgentNTouch™ to conform to any applicable warranty expressly made by Apple, you may notify Apple and, if you paid Apple a purchase price for AgentNTouch™, Apple will refund the purchase price for AgentNTouch™ to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to AgentNTouch™. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be REBS' sole responsibility to the extent permitted by this Agreement. REBS, not Apple, is responsible for addressing your or any third party claims relating to AgentNTouch™ or your clients' or customers' possession and/or use of AgentNTouch™, including, but not limited to: (i) product liability claims; (ii) any claim that AgentNTouch™ fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that AgentNTouch™ or your possession and use of AgentNTouch™ infringes a third party's intellectual property rights, REBS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third party beneficiary thereof.

SECTION 4. TERM AND TERMINATION. This Agreement is effective upon the date REBS establishes your account and expires one (1) year thereafter, except for those terms which survive termination of the agreement. REBS reserves the right to discontinue offering AgentNTouch™ and/or any of services thereunder at any time (subject to the terms of other agreements you may have with REBS). If your mobile services access subscription expires and you fail to renew the subscription, you may not have access to or use of certain services within AgentNTouch™. Your rights under this Agreement will terminate automatically without notice from REBS if you fail to comply with any terms of this Agreement. Upon termination of the license, you shall uninstall and cease all use of AgentNTouch™ from each and every iPhone or iTouch owned or controlled by you.

SECTION 5. OWNERSHIP. All right, title and interest in AgentNTouch™, including but not limited to all copyrights, trademarks and trade secrets and any copies thereof, are owned by REBS and/or its suppliers, licensors and other third parties. The trademarks "iPhone," "iTouch," "Apple" and the Apple logo are owned by Apple, Inc. and/or its respective licensees/licensors. The trademarks "AgentNTouch" and "REBS" are owned by REBS. You may not remove or alter any copyright or trademark notices in AgentNTouch™. All rights not expressly granted are reserved by REBS and its suppliers, licensors and other third parties. You represent and warrant that that you own all right, title and interest in and to any content, data, trademarks, graphics or other intellectual property and materials you upload into AgentNTouch™ and/or that you otherwise have the right to upload and use such intellectual property in connection with AgentNTouch™, that such intellectual property does not and will not infringe upon the intellectual property rights of others, and that you will indemnify, defend and hold harmless REBS, its affiliates, agents, licensors and distributors in connection with any breach of this representation and warranty.

SECTION 6. EXPORT RESTRICTIONS. You agree that you will not export or re-export AgentNTouch™ to any country, person, entity or end user subject to U.S.A. export restrictions. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

SECTION 7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

REBS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR AGENTNTOUCH™. AGENTNTOUCH™ AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF AGENTNTOUCH™ REMAINS WITH YOU. REBS MAKES NO WARRANTY THAT AGENTNTOUCH™ WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. REBS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY INTERFERENCE OR SUSPENSION OF INTERNET SERVICE OR FOR ANY LOSS OR CORRUPTION OF DOCUMENTS, DATA, OR LOSS OF ANY OTHER MATERIALS IN CONNECTION WITH YOUR USE OF AGENTNTOUCH™, AND REBS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR AVAILABILITY OF AGENTNTOUCH™ FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REBS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE AGENTNTOUCH™ OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF REBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE REBS'S AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR AGENTNTOUCH™, IF ANY OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT REBS SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR DATA, ANY MATERIAL, CONTENT, DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTION CREATED, ACCESSED OR STORED IN CONNECTION WITH AGENTNTOUCH™, WHETHER EXPRESS, IMPLIED OR STATUTORY.

SECTION 8. MISCELLANEOUS. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and REBS and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and REBS. This Agreement is governed by and construed in accordance with the substantive and procedural laws of the State of California, U.S.A., excluding its conflict of law principles. Any action or proceeding brought in connection with this Agreement, whether in law or equity, will be filed exclusively in a court of competent jurisdiction located within the County of Los Angeles, State of California. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and REBS as a result of this Agreement. You agree to indemnify and hold REBS, its parents, subsidiaries, affiliates, and its and their directors, officers and employees, harmless from any claim, action, demand, loss, cost, expense or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in connection with AgentNTouch™. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect. Sections 2 through 8, inclusive, shall survive the expiration or termination of this Agreement. Should you have any questions concerning this Agreement, please contact us at AgentNTouch™, 525 South Virgil Avenue, Los Angeles, California 90020, or via e-mail at info@agentntouch.com.

Effective: 6/9/2010