Terms & Conditions
Last update: August 1, 2015
By using the custom AgentFORCE website (“Site”), you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use the Site. Your continued use of the Site will constitute your acceptance of these Terms and Conditions, as may be modified by StagingFORCE, LLC at any time without notice to you.
When you visit the Site or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
AgentFORCE Memberships allow agents to receive staging discounts and to have access to an online concierge portal with concierge services to homebuyer and seller clients. Through the use of the StagingFORCE, LLC vendor network, client will receive recommendations to businesses in categories related to home services, home renovation and home decor. Business referrals obtained through StagingFORCE, LLC’s vendor network are provided free of charge to the client. StagingFORCE, LLC earns revenue from participating vendors based on the delivery of the referral and based on business awarded by clients.
While every attempt is made to match your clients to appropriate vendors, StagingFORCE, LLC does not guarantee that we will be able to match your request or that there are vendors willing or capable to fulfill your request. Although we make certain steps to examine the credentials of our listed vendors, we make no guarantees or representations regarding the skills or representations of vendors, nor the quality of the products or services offered. StagingFORCE does not endorse or recommend the products or services provided by the vendors matched to clients. It is entirely up to each client to enter into a direct contract with each vendor or service provider. Vendors are not employees or agents of StagingFORCE, LLC, nor is StagingFORCE, LLC an agent of the vendors. Client’s rights under contracts entered into with vendors are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should a client have a dispute with any vendor, client must address such dispute with the vendor directly, and client hereby agrees to release StagingFORCE, LLC (and our officers, directors, affiliates, employees and agents) and any other person, firm or entity (including our business partners such as product manufacturer or suppliers who may employ StagingFORCE, LLC services) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with vendors.
Information You Provide to Us
Client and/or agent agrees that by completing a match request, you are entering into a business agreement with StagingFORCE, LLC and its partners and thus agree to be contacted by StagingFORCE, LLC and/or its partners. Client and/or agent promises that all information provided will be accurate, current and truthful.
Unless agreed to in writing by StagingFORCE, LLC, use of the Site by any competitor company or other non-consumer third party is strictly prohibited. StagingFORCE, LLC grants you limited license to access and make use of this Site and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of StagingFORCE, LLC. This Site or any portion of this Site may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of StagingFORCE, LLC. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) StagingFORCE, LLC without the express written consent of StagingFORCE, LLC. You may not use META tags or any other “hidden text” which utilize StagingFORCE, LLC or any other derivative of our domain or company name without the express written consent of StagingFORCE, LLC. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of StagingFORCE, LLC so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. Additionally, you may not, without written permission: (i) link from another Website to the Site; (ii) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Site; or (iii) engage in systematic retrieval or data or other content from the Site.
Copyrights, Trademarks and Service Marks
Except as otherwise indicated, all materials in the Site, including without limitation the StagingFORCE, LLC logo and other StagingFORCE, LLC trademarks and service marks, are the property of StagingFORCE, LLC, LLC, and/or its affiliates and are protected by international copyright and trademark laws, all rights reserved. You may request to use materials from the Site by contacting StagingFORCE, LLC, LLC at 480-619-5505. Any other use is prohibited. “StagingFORCE, LLC” is a registered service mark of StagingFORCE, LLC, LLC. Other service names presented on this site are service marks of StagingFORCE, LLC, LLC, except for those of vendors, stores and service providers, which are service marks of their respective entities.
Disclaimer of Warranties
All information, products, content and other materials in the Site is provided “as is” and without warranties or representations of any kind, either express of implied. StagingFORCE, LLC does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any e-mails sent by StagingFORCE, LLC, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to clients and/or agents; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the United States or in all jurisdictions.
Limitation of Liability
StagingFORCE, LLC shall not be liable for any loss, damage, injury or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if StagingFORCE, LLC has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; or (ii) any defect, omission, error, interruption, delay or computer virus.
Vendor and Service Professional Prescreening Procedures and Disclaimers
StagingFORCE, LLC uses the following criteria as part of the registration process (“registration”) for new vendors:
- StagingFORCE, LLC confirms at the time of a vendor’s registration, that a prospective new vendor has all applicable required state-level trade licensing.
- Insurance/Bonding. Where relevant, StagingFORCE, LLC confirms general liability insurance coverage or bonding information presented by vendors in their profiles at the time of their registration with StagingFORCE, LLC.
- State Business Filings. For business types that require a Secretary of State filing, we confirm that the vendor is in good standing in the state in which it is located. This check applies to vendors that are corporations and Limited Liability Companies (LLC’s).
- Criminal Records Search. StagingFORCE, LLC confirms that there is no relevant criminal activity associated with the owner/principal of the business.
- Sex Offender Search. In the state in which the owner/principal of the company is located, we check the state’s official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states.
- Identity Verification. StagingFORCE, LLC confirms that the vendor’s owner/principal is a legal U.S. citizen and has a valid Social Security Number for identity check purposes. This check applies primarily to smaller business entities.
- Legal Search for Civil Judgments. We confirm with the principal / owner of the business that there are no significant state-level civil legal judgments entered against the principal / owner by business customers within the three years prior to such vendor’s registration with StagingFORCE, LLC. We confirm with the vendor that there are no bankruptcy filings by or against the principal / owner.
NOTE: Vendor information confirmed at the time of enrollment as described above may change or expire over time; while StagingFORCE, LLC attempts to maintain accurate and up-to-date information, and confirms changes when notified, we perform screening solely at the time the vendor applies for membership in the StagingFORCE, LLC network, and therefore, we cannot guarantee that profile and screening information is accurate. Therefore, we recommend that before working with a vendor client verifies that information presented in the Vendor’s profile is still current and/or acceptable to client.
StagingFORCE, LLC allows vendors to post profiles about themselves and their business on the StagingFORCE, LLC Web site. StagingFORCE, LLC does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the vendor.
The above procedures may change from time to time at the sole discretion of StagingFORCE, LLC. StagingFORCE, LLC believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, StagingFORCE, LLC advises consumers to check these matters for themselves especially at future dates. StagingFORCE, LLC does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that StagingFORCE, LLC checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
Client and/or agent agrees to indemnify, defend and hold harmless StagingFORCE, LLC, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Site from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or your use and access of the Site.
Client and/or agent acknowledges and agrees that the StagingFORCE, LLC services and Site are provided on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and StagingFORCE, LLC ‘s sole obligation to you or any third party for any claim arising out of your use of the StagingFORCE, LLC services or the StagingFORCE, LLC Site, is that you are free to discontinue your use of the StagingFORCE, LLC services or the StagingFORCE, LLC Site at any time.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, STAGINGFORCE, LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF VENDORABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT STAGINGFORCE, LLC SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF STAGINGFORCE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF YOUR USE OF THE SITE OR THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW THEREFROM. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
The Terms and Conditions will inure to the benefit of StagingFORCE, LLC ‘s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of StagingFORCE, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the StagingFORCE, LLC services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved to StagingFORCE, LLC exclusively.
Jurisdiction, Enforceability, and Termination
These Terms and Conditions and your use of the Site are governed in all respects by the laws of the State of Arizona, without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your visit or access of the Site shall be submitted to binding arbitration in Maricopa County, Arizona, except that, to the extent you have in any manner violated or threatened to violate StagingFORCE, LLC’s intellectual property rights, StagingFORCE, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. In the event that a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid or unenforceable, then such provision shall be severable form and shall not affect the validity or enforceability of the remaining provisions.
StagingFORCE, LLC combines staging services and a concierge platform with concierge services for home buyer and seller clients. StagingFORCE, LLC does not recommend or endorse any specific resource and does not provide advice on which vendor to select or which products or services to select. Linked websites are not under the control of StagingFORCE, LLC and StagingFORCE, LLC is not responsible for the contents of any linked site or any link contained in a linked site. StagingFORCE, LLC provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by StagingFORCE, LLC of the site.
StagingFORCE, LLC’s does not sell or distribute agent nor client personal information to third parties. Personal information is only distributed to vendors matched.