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This Terms of Service is part of our Terms & Conditions. 

Introduction

SmoothTC (hereinafter referred to as "STC", "we", "us", "our”) offers Users (as defined below) the ability to register on our website to join our community as a member, interact on our forum, blog, chat or other website platforms, register as a VIP Client, submit a transaction for services and more.

 

To make this easy for you to navigate, this page relates mostly (but not exclusively) to the terms we have for usage on our website located at SmoothTc.com (hereinafter “Website” or “STC Website”). For terms related to contracting a Transaction Coordinator (hereinafter “TC”)  for paid services rendered, please refer to our Service Agreement.

The STC Website may be collectively referred to herein as the “User Platform”. 

 

Legal Agreement

These Terms of Service (“TOS”), together with such additional terms which specifically apply to some of our services and features as presented on the Terms & Conditions of our website set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the STC Website and/or any other services (collectively – the “Website Services” or “Services”).

 

The STC terms constitute a binding and enforceable legal contract between SmoothTC and its affiliated company and you in relation to the use of any STC Services - so please read them carefully.

 

You may visit and/or use STC Services only if you fully agree to the terms presented herein - and by using and/or registering to any of the STC Services, you signify and affirm your informed consent to these TOS and any other terms applicable to your use of any STC Services found in our Terms & Conditions.  If you do not read, or fully understand or if you do not agree to the the Terms & Conditions , you must immediately leave the STC Website and avoid or discontinue all use of the STC Services.

 

By using our Services, you also acknowledge that you have read our Privacy Policy.

 

User Account

In order to access and use the STC Services, you must first register and create an account with STC (“User Account”) either as a general member or as a VIP Client. Creation of a User Account or purchase of Paid Services (as defined in the Service Agreement), can be done either directly on the STC Website through a checkout process. Users earn rewards, incentives, and referral benefits for participation in their User Account as advertised on the STC Website.

 

Access to Your Account

We strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

 

Upon registration as a VIP Client, you will enter a variety of information in order that TC’s may service your transactions and have your information on file. You may update information on your account as needed. It is advisable that you only create one user account as all points, earnings, and transactional data do not roll over to multiple accounts unless an exception is made by STC at their sole discretion.

 

Account Ownership

For each Account, STC will consider the owner of such User Platform to be the person or entity whose email address is listed in Wix’s records as the owner of the User Account under which the User Platform was created. You may be asked to verify your identity by STC and consent to do so.

 

If a dispute regarding ownership arises in relation to a User Account, STC shall have the right to determine the ownership of User Content and/or Account at its discretion based upon the factual situation as presented.

 

Your Obligations

You represent and warrant that:

  1. you meet the Service Requirements as presented in the Terms & Conditions, and possess the legal authority, right and freedom to enter into the STC Terms and to form a binding agreement, for yourself or entity committed by you;

  2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  3. you understand that STC does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your Clients, or your compliance therewith;

    And specifically regarding your User Content:

     

  4. you confirm you own all rights in and to any content uploaded or posted on the Website;

  5. You confirm your User content is current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, publish, share, or display or otherwise use;

  6. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any transactional information, including but not limited to, information to register you as a VIP client or otherwise, and if your profile includes a  image or likeness, entity or property that you have the requisite consent and permission to use such content.

 

You undertake and agree to:

  1. fully comply with all applicable state and federal laws and any other contractual terms which govern your use of the STC Services (and any related interaction or transaction), including those specific laws, rules, regulations and codes of ethics that are binding to Tennessee real estate brokers and affiliate brokers as set forth in the Tennessee Real Estate Commission, the Real Estate Broker License Act, and the Code of Ethics of the National Association of Realtors®;

  2. be solely responsible and liable with respect to any of the uses of the STC Services which occur under your User Account, and for any of your User Content;

  3. regularly and independently update your User Content and the information that you provide for transaction as a VIP client;

  4. receive from time to time promotional messages and materials from STC by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;

 

You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the STC Website, the STC Services (or any part thereof), any Content offered by STC or Third Party Services for use and display within the Website (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without STC’s prior written and specific consent and/or as expressly permitted under the STC Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of STC or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available  within the STC Website or the STC Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the STC Services or Licensed Content on any website, media, network or system other than those provided by STC, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the STC Services, Licensed Content and/or Website (or any part thereof), except as expressly permitted by STC, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the STC Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the STC Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the STC Services;

  8. act in a manner which might be perceived as damaging to STC’s reputation and goodwill or which may bring STC into disrepute or harm;

  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use STC or STC Marks and/or variations and misspellings thereof;

  10. impersonate any person or entity or provide false information on the STC Services and/or User account whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to STC and/or any End Users;

  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that STC or any third party endorses you, your Website, your business, your User Products, or any statement you make;

  12. reverse look-up, trace, or seek to trace another User of STC Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the STC Services and/or User Platform without their express and informed consent;

  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the STC Services, Website, the account of another User(s), or any other systems or networks connected to the STC Services, by hacking, password mining, or other illegitimate or prohibited means;

  14. falsely display a  REALTOR® trademark when not associated with NAR; or

  15. violate, attempt to violate, or otherwise fail to comply with any of the STC Terms or any laws or requirements applicable to your use of the STC Services.

  16. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service related to transaction coordination.

 

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

Intellectual Property

  1. You own all rights to your content which includes your User Account and information you provide.

  2. We own all rights in and to our services, content, data, materials, processes and features.

  3. You may use our services and content so long as you fully comply with all the terms as outlined in the Terms & Conditions

Terms of Service

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