Terms of Service

These Terms of Service (collectively with CovertAgent's Privacy Policy, California Privacy Notice, and DMCA Copyright Policy, the "Terms of Service") set forth legally binding terms and apply to your use of toppropertysites.com and any other CovertAgent, LLC. branded websites that is controlled by CovertAgent, LLC. (collectively, the "Sites") and any services, products, platforms, features, content, or Applications (as defined herein) offered by CovertAgent, LLC. d/b/a TopPropertySites.com and its affiliates (collectively, “CovertAgent,” “we,” “us,” or “our”) (together with the Site, the “Services”).

“Affiliates” are our affiliates that retain separate branding, such as bhhsdashboard.com (“BHHSD”), c21dashboard.com (“C21D”), cbprops.com (“CBP”), cldashboard.com (“CLD”), compassprops.com (“CP”), corcorandashboard.com (“CB”), dedashboard.com (“DED”), eradashboard.com (“ERAD”), exitdashboard.com (“EXITD”), expdashboard.com (“EXPD”), jlsdashboard.com (“JLSD”), kwdashboard.com (“KWD”), lfdashboard.com (“LFD”), pointbdashboard.com (“PBD”), re1dashboard.com (“RE1D”), reexecprops.com (“REP”), remaxpropsd.com (“RMAXP”), sirdashboard.com (“SIRD”), weichertprops.com (“WP”), windermereprops.com (“WIND”), zabrockidashboard.com (“ZAB”), or any white label, reseller, or photographer platform using the CovertAgent software and servers.

Membership/Products/Services
CovertAgent TPS offers serveral services including Property Listing Websites, Real Estate Websites (non-managed), CovertAgent IDX, Photo Editor, Virtual Tour Builder and other products and services. Discounts on other products and services are limited to each subscribers promotional rate they initially signed up for.

Free* IDX on our website refers to zero additional monthly cost and is included only in plans labeled "IDX". Setup fee may apply as well as any additional charges imposed by the Broker/Agents MLS.

Membership, Monthly hosting, and Internet marketing services are billed every 30 days beginning from the date of sale/signup. Monthly hosting and Internet marketing services are billed from the date of sale, regardless of the date the website goes live, because hosting and Internet marketing costs are incurred immediately. Server space is secured for the developing website and/or for existing Client domain names. Client also agrees to an initial Internet marketing commitment with CovertAgent, although the durations of the Internet marketing commitments may vary. Client's commitment will continue on a month-to-month basis and Client will continue to be billed every monthly.

Credits purchased are non-reufndable and are designated for future remittance of CovertAgent, LLC. products and services including property websites, home value websites, content page design, blog posts, social media posts, and any other credit product or service we offer. Once you select the amount of credits to purchase click the 'Purchase' button this is your indication that you have authorized the charge and agree to purchase the credits redemable for future products or services that we offer on a credit exchange basis. All Credit sales/purchases are final.

Domain names purchased by CovertAgent and website designs, databases, stores, or programs created by CovertAgent are the property of CovertAgent until Client has paid all fees including one full year of monthly hosting. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting provider. Purchase of Domain Names and Domain Name renewals are final. Once you click to 'Attach Domain' this is your indication that you have authorized the charge and agree to purchase the item. We do not offer refunds on domains after registration is complete. All sales/purchases are final.

Domain names are purchased through a third party service. CovertAgent cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase, CovertAgent will assist the Client in selecting and purchasing an alternate domain name. Domain names already owned by the Client remain the property of the Client and renewal of the domain name is the Client's responsibility. The renewal of any domain name transferred to the Client is the responsibility of the Client. In the event a domain name initially was purchased by CovertAgent for or on behalf of a Client, Client is solely responsible for any renewal of the domain name and CovertAgent shall not be responsible or liable for the expiration of any domain name, however selected or purchased.

Managed Monthly Service Plans Include:
Managed real estate websites are fully managed by CovertAgent, LLC. where we will update and change content each month. Our Managed Update/Change Service is defined as within a "reasonable max" amount of work @ $60 per hour. Example, if you are paying $149/month a "reasonable max" amount of work would be 2.5 hours ($149 / $60/hr.) within the month.

In addition, the following is included...

CovertAgent Phone, Chat, and Email Support
Covert IDX * (we no longer offer free idx unless it's included with selected plan)
Managed Hosting
Access to product webinars
Access to our Facebook Group
Potential to be featured on CovertAgent
No service contract or commitments, use and pay as you go.

Managed Monthly PPC/SEM Plans Include:
CovertAgent Phone, Chat, and Email Support Ad creation, ad monitor, bid adjustment, and optimization No guarantee of expected results, we just do our best based on our expert knowledge of ppc and social media advertising.

Refund Policy:
Memberships and Individual purchases (not including domains or credits) have a 100% Money Back Guarantee if you are not completely satisfied and wish to cancel during the first 7 (seven) days of purchase.

Cancellation Policy:
Client may terminate Services with a written notice. The effective date of cancellation will be immediate upon the date of CovertAgent's receipt of written notice to terminate or cancel the product or service. Your service will continue until the end of your billing cycle since there are no refunds prorated or such.

Client agrees that there is NO REFUND of monthly fees or monthly additional services fees incurred or paid by Client prior to cancellation date.

Client agrees that all fees incurred and billed prior to cancellation date are valid and Client agrees to pay.

Requests for cancellation of Services should be sent to the following email address: [email protected]

Failed Billing:
Client agrees to pay $25.00 restoration/late fee if billing fails after the third try (inital billing, day 3, and day 7).

Disclaimer of Warranties
CLIENT'S USE OF COVERTAGENT'S SERVICES IS AT CLIENT'S OWN RISK. COVERTAGENT'S SERVICES ARE PROVIDED “AS IS”. COVERTAGENT DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. COVERTAGENT DISCLAIMS ANY WARRANTIES REGARDING COVERTAGENT'S SERVICES INCLUDING THAT THEY WILL MEET CLIENT'S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. COVERTAGENT DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COVERTAGENT'S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. COVERTAGENT DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT'S PRODUCTS, SERVICES, SALES, OR WEBSITE. COVERTAGENT DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH COVERTAGENT'S SERVICES, OR LINKS PROVIDED BY COVERTAGENT'S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY COVERTAGENT OR OBTAINED THROUGH LINKS PROVIDED THROUGH COVERTAGENT'S SERVICES.

CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COVERTAGENT'S SERVICES ARE DONE AT CLIENT'S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT'S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.

Limitation of Liability
CLIENT UNDERSTANDS AND AGREES THAT COVERTAGENT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF COVERTAGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE COVERTAGENT'S SERVICES, RELIANCE ON COVERTAGENT'S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF COVERTAGENT'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH COVERTAGENT'S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT'S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO COVERTAGENT'S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO COVERTAGENT'S SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.

Without limiting the foregoing, under no circumstance shall CovertAgent be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning. CovertAgent, LLC's full and complete liability, for any reason whatsoever, shall be limited to a maximum full refund of all monies paid to CovertAgent during the current billing period.

Photos and Images Uploaded to CovertAgent, LLC. Sites. By uploading and applying your Image ("Image"), you warrant and represent that you own or otherwise control all of the rights to your Image, including all the rights necessary for you to provide, post, upload, input or submit the Image, and to transfer all such rights to CovertAgent, LLC. Sites. In addition to the warranty and representation set forth above, by uploading and posting an Image that contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use, and (b) that each person depicted in such Images, if any, has provided consent to the use of the Images, including, by way of example, the distribution, public display and reproduction of such Images. By posting Images, you are granting to all persons who have access to the Images, without compensation, permission to use your Images in connection with the use, including a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to third parties.

Before you upload an image, make sure that the image falls in one of the four categories:

Own work: You own all rights to the image, usually meaning that you created it entirely yourself.

Licensed: You can prove that the copyright holder has released the image under an acceptable license. Note that images that are licensed for use only on certain "channels", or only for non-commercial or educational use, or under a license that doesn't allow for the creation of modified/derived works, are unsuitable. When in doubt, do not upload copyrighted images.

Public domain: You can prove that the image is in the public domain, i.e. free of all copyrights.

Fair use: You believe that the image meets the special conditions for non-free content, which exceptionally allow the use of unlicensed material, and you can provide an explicit non-free use rationale explaining why and how you intend to use it.

User-created images
CovertAgent, LLC. Sites encourages users to upload their own images. Such images can include photographs which you yourself took. The legal rights for images generally lie with the photographer, not the subject. Images with you, friends, or family prominently featured in a way that distracts from the image topic are not recommended. Some images may contain trademarked logos incidentally (or purposely if the image is either licensed, covered under freedom of panorama, or being too simple to be copyrightable). If this is the case, please tag it with ™.

Patent and Copyright Infringement
As a user/client of CovertAgent, LLC. Sites, or any of our affiliate sites you are obligated to indemnify us of any image, files, video, or verbal content, or other forms of media uploaded and added to any of our systems reguardless of who uploaded or added the content that may be claimed as Patent and Copyright Infringement. We are not responsible for any claims reguarding display, hosting, or other patent or copyrighted materials. See more under "INDEMNIFICATION" below.

Licensing
You've obtained the right (paid or free) to exploit the image in all media throughout the universe for a specified amount of time; in the case of a pre-existing free license, if the place where you found the image does not declare a pre-existing free license, yet allows use of its content under terms commonly instituted by them, it must explicitly declare that commercial use and modification is permitted. If it does not so declare, you must assume that you may not use the image unless you obtain verification or permission from the copyright holder.

Public domain
Public domain images are not copyrighted, and copyright law does not restrict their use in any way. Images may be placed into the public domain by their creators, or they may be public domain because they are ineligible for copyright or because their copyright expired. In the U.S., copyright has expired on any work published anywhere before January 1, 1923. Although U.S. copyrights have also expired for many works published since then, the rules for determining expiration are complex. Free images should not be watermarked, distorted, have any credits or titles in the image itself or anything else that would hamper their free use, unless, of course, the image is intended to demonstrate watermarking, distortion, titles, etc. and is used in the related article. Exceptions may be made for historic images when the credit or title forms an integral part of the composition. Historical images in the public domain sometimes are out of focus; display dye dropouts, dust or scratches; or evidence of the printing process used. All photo credits should be in a summary on the image description page. These may be tagged ©.

Privacy rights
When taking pictures of identifiable people, the subject's consent is not usually needed for straightforward photographs taken in a public place, but is often needed for photographs taken in a private place. This type of consent is sometimes called a model release, and it is unrelated to the photographer's copyright. Because of the expectation of privacy, the consent of the subject should normally be sought before uploading any photograph featuring an identifiable individual that has been taken in a private place, whether or not the subject is named. Even in countries that have no law of privacy, there is a moral obligation on us not to upload photographs which infringe the subject's reasonable expectation of privacy. If you upload a self-portrait, your consent is presumed.

Rights to Use What We Own
Subject to this Agreement, CovertAgent, LLC. hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by CovertAgent, LLC. (“User ID”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.

As part of the Services, we may provide you a sample website which may be populated with sample content provided by us to illustrate how your final site might look (“Sample Content”). You agree that you will not make this Sample Content publicly available and that you will remove all Sample Content from your site before permitting any third party users to access or view your site.

What You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). CovertAgent, LLC. is not responsible for your Content. You hereby grant CovertAgent, LLC. a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

Tort Claims
Client waives all tort claims against CovertAgent, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission.

Indemnification
Client agrees to defend, indemnify and hold harmless CovertAgent, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees that may arise or result from any content submitted, posts, transmits, uploads or makes available through CovertAgent's Services, from any product sold to Client, its agents or employees or assigns, from any Services provided or performed or agreed to be performed by CovertAgent or from Client's violation of the TOS or Client's violation of any rights of another. Client further agrees to defend, indemnify and hold harmless CovertAgent, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising from or related to contracts, representations, agreements, promises, etc., made between Client and third parties, or arising from or related to Client's negligence toward third parties.

Changes to the Agreement or the Services
CovertAgent may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

CovertAgent reserves the right to modify, change, or discontinue any aspect of the Services at any time.

By submitting payment, design instructions, Signing up for a Membership, and or interacting with CovertAgent.com, CovertProperties.com, or any of our affiliate websites or apps you accept the Terms of Service outlined herein.

Contacting Us
If there are any questions regarding our Terms of Service, you may contact us using the information below.
Phone: (888) 604-4334
Email: [email protected]

Date Terms of Service Last Modified: June 23, 2022