Terms of Use

Last modified: October 17, 2023

PLEASE READ THE FOLLOWING CAREFULLY. YOUR USE OF THIS WEBSITE, ANY SUB-DOMAINS OF THIS WEBSITE (COLLECTIVELY REFERRED TO AS THE "WEBSITE"), AND ANY SERVICES (AS HEREINAFTER DEFINED) DESCRIBED IN THIS AGREEMENT, IS CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT WITHOUT MODIFICATION. BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS WEBSITE OR THE SERVICES.

IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ACCESS THIS WEBSITE), DO NOT USE THE WEBSITE OR SERVICES.

1. Scope and Acceptance

Anyone who accesses or uses the Website or Services is a "User." This Agreement is between The Gus Anthony ("Company,” “us,” “our,” or "we") and and either (1) the User, or (2) if the User is acting as an authorized representative of a legal entity, then that legal entity (in either case, the “you” or “your”), and applies to your access to, and use of, the Website and Services, so please read it carefully. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with the Company or its affiliates for services, products or otherwise. We reserve the right to change or modify this Agreement and the Website, at any time. If we decide to change the Agreement, we will post a new version on the Website and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Website or Services following the posting of changes or modifications to the Agreement will constitute your acceptance of the revised Agreement. Therefore, you should frequently review the Agreement, including applicable policies, from time-to-time to understand the terms and conditions that apply to your use of the Website and Services. If you do not agree to the amended terms, you must immediately stop using the Website and Services. You agree that your sole and exclusive remedy with respect to any changes to this agreement is to discontinue use of the Website and Services.

If you are accessing or using the Website and Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to this Agreement.

The Website and Services are not intended or authorized for use by persons under the age of eighteen (18). By using the Website or Services, you represent and warrant that you are eighteen (18) years of age or older and that you agree to and agree to abide by all of the terms and conditions of this Agreement. If we believe that you are under the age of eighteen (18) or that you are not old enough to consent to and be legally bound by this Agreement, we may, at any time, in our sole discretion, and with or without notice: (i) terminate your access to or use of the Website and Services (or any portion, aspect, or feature thereof), or (ii) delete any content or information that you have posted through the Website.

2. Privacy

We believe strongly in providing you notice of how we collect and use your data, including personally identifiable information, collected from the Website and Services. Company’s Privacy Policy, located at gusanthony.topproducerwebsite.com, describes how Company will collect, use, share, or otherwise process the personally identifiable information it will collect from you and further provides any opt-out mechanisms available to you. You hereby acknowledge that you have read Company’s Privacy Policy and give your consent for Company to collect, use, share, or otherwise process your personally identifiable information in accordance with Company’s Privacy Policy. The Privacy Policy may be changed from time to time and is effective immediately upon posting such changes to the Website.

In the event Company cannot provide you with the Services set forth in this Agreement you direct Company to disclose your personally identifiable information to either (i) Top Producer Software Inc. if Company is located in the United States of America, or (ii) Top Producer Software Corp. if the Company is located in Canada, provided that Company obligates Top Producer to use that personally identifiable information only for the following limited purposes: (1) contacting you to confirm whether you are still interested in receiving the Services, (2) connecting you with another real estate agent that has hired Top Producer as a service provider to find people such as yourself to whom that real estate agent can offer its Services, or (3) further disclosing your personally identifiable information to one of the corporate affiliates specifically identified in Top Producer’s privacy policy, provided that Top Producer obligates that corporate affiliate to use that personally identifiable information only for the limited purpose of connecting you with another real estate agent that has hired that corporate affiliate as a service provider to find people such as yourself to whom that real estate agent can offer its Services. Please refer to Top Producer’s privacy policy located at https://www.topproducer.com/privacy/ for information about their privacy practices and your rights with respect to the personally identifiable information that they receive. Your direction under this paragraph may be revoked at any time by following the process set forth in the “Exercising Your Rights” Section of Company’s Privacy Policy or through similar procedures set forth in Top Producer’s privacy policy.

3. Services

Through your use of this Website or otherwise, Company may, upon your request, provide (a) general home selling and purchasing advice, (b) information on market conditions, (c) information on availability of homes in the area, and (d) other information and requested services related to the consumer real estate market (individually or collectively, the “Services”); provided that the Services do not include anything that is covered by an agreement under which a real estate agent agrees to represent you as a buyer or seller of real estate.

4. Account Information and Security

In order to use certain areas of the Website and Services, we may ask you to create an account and select a password and/or provide us with certain personally identifiable information. This information will be held and used in accordance with the Privacy Policy. By filling out any forms on the Website, providing information to us or making any inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us, or by our service providers on our behalf, whether by phone, mobile phone, email, mail, texting or otherwise.

By agreeing to receive SMS Marketing communication on the SMS opt-in form, you expressly consent to receive marketing text messages from the Website at the mobile number you provide. You ma