For these Terms:
By agreeing to these Terms, the Real Estate Agent represents and warrants to the Company:
The Company guarantees that all Files will be used only for data processing purposes by the Website and any third party would not have any access to the Real Estate Agent’s Files without additional permission of the Real Estate Agent.3. GENERAL CONDITIONS
The Real Estate Agent is responsible to adhere to all local, provincial, state and national MLS rules and regulations, and local laws. The Company is not responsible nor liable for any actions taken by the client that may violate any MLS rules and regulations, and local laws.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The Company’s liability for any claims made by the Client or third parties will be limited to the fees charged and collected from the Real Estate Agent by the Company, up to a maximum of the initial 12-service period.
Both the Company and the Real Estate Agent acknowledge that there are no other terms of this Agreement except those expressively contained within.
The Company is not responsible for the accuracy of the materials that the Real Estate Agent provides, and that the Real Estate Agent uses.
The Company does not check the Files for the Real Estate Agent’s ownership based on the peculiarities of data processing by the Online Service.4. CHANGES TO SERVICES AND PRICING
The Company has the right to modify/upgrade or discontinue the Website and/or Online Service at any time (including, without limitation, by limiting or discontinuing certain features of the Website and/or Online Service) without notice to the Real Estate Agent.
The Company doesn’t have any liability whatsoever on account of any change to the Website and/or Online Service or any suspension or termination of the Real Estate Agent’s access to or use of the Website and/or Online Service.
Prices of all Services are subject to change upon 30 (thirty) days’ notice from the Company. Such notice may be provided at any time by posting the changes to the Website or the Service itself.5. THIRD-PARTY LINKS
The Website and Online Service may contain links to third party web sources. Such linked websites are not under the Company’s control, and the Company is not responsible for their content.6. OWNERSHIP; PROPRIETARY RIGHTS OF THE COMPANY
The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements or files of the Website and Online Service (hereinafter – “the Materials”) provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws.
All Materials contained in the Website and Online Service are the property of the Company or the Company’s third-party licensors.
Except as expressly authorized by the Company in writing, the Real Estate Agent may not make use of the Materials.
The Company reserves all rights to the Materials not granted expressly in these Terms.7. PROHIBITED USES
As a condition of the Real Estate Agent’s use of the Website and Online Service, the Real Estate Agent will not use the Website or Online Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or Online Service in any manner that could damage, disable, overburden, disrupt or impair any of the Company’s servers or APIs, any networks connected to any of the Company’s servers or APIs, or that could interfere with any other party's use and enjoyment of the Website or Online Service.
The Real Estate Agent may not transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature using the Website or Online Service.
The Real Estate Agent may not exceed or circumvent, or try to exceed or circumvent, limitations in the Website or Online Service, including on any API calls, or otherwise use the Website or Online Service in a manner that violates any of the Company’s documentation or Real Estate Agent manuals.
The Real Estate Agent and/or any other third parties may not attempt to gain unauthorized access to any website or online service, other accounts, computer systems, or networks connected to any of the Company’s servers or of the Website or Online Service through hacking, password mining, or any other means.
The Real Estate Agent and/or any other third parties may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Online Service.
The Real Estate Agent and/or any other third parties may not use the Website or Online Service in any way that violates any applicable state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA, Canada, or other countries).8. DISCLAIMERS, NO WARRANTIES
The Website and Online Service are made available to you on an “as is” and “as available” basis, with the express understanding that the Company have no obligation to monitor, control, or vet the content or data appearing on the Website and Online Service.
The Real Estate Agent uses the Website and Online Service at their discretion and risk.
The Company make no claims or promises about the quality, accuracy, or reliability of the Website and Online Service and expressly disclaims all warranties, whether express or implied, including implied warranties of merchantability, and fitness for a particular purpose, and non-infringement.9. LIMITATION OF LIABILITY
In any case will the Company not be liable to the Real Estate Agent or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Real Estate Agent’s access to or use of, or the Real Estate Agent’s inability to access or use, the Website and Online Service or any materials or content on the Website and Online Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Company have been informed about of the possibility of such damage.
The Company in any case is not responsible for services that are provided to the Real Estate Agent by the third party who placed advertisements on the Website.
The Company has the right to use any content uploaded by the Real Estate Agents for advertising purposes.
The Company is not responsible for the Real Estate Agent’s websites and the Real Estate Agent’s liabilities. The visitors of the Real Estate Agent’s website don’t have the right to claim to the Company.10. GOVERNING LAW
These Terms will be governed by the laws of Canada, British Columbia, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, the Real Estate Agent and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within Canada, British Columbia, to litigating all such disputes.11. CUSTOMER SUPPORT AND NOTIFICATIONS
The entire communication with us is electronic. Every time the Real Estate Agent sends us an email or visits the Company’s Website and uses our Online Service, the Real Estate Agent will be communicating with the Company.
The Real Estate Agent hereby consents to receive communications from the Company.
If the Real Estate Agent subscribes to the news on the Website, you are going to receive regular emails from the Company.
The Company will continue to communicate with the Real Estate Agent by providing notifications through the Website or posting news on our social media.
The Real Estate Agent also agrees that all notices, disclosures, agreements, and other communications we provide electronically meet the legal requirements that such communications be in writing.
The Real Estate Agent agrees to receive any notifications through the Website on the Real Estate Agent’s mobile devise or computer.
The Real Estate Agent can contact us for support via email at firstname.lastname@example.org.
Using support service, the Real Estate Agent understands that it is a transfer of part of his personal data and fully agrees to share his personal email with the Company for further processing.12. PAYMENT, REFUNDS, SUSPENSIONS
Billing for services provided is billed monthly in advance by the Real Estate Agent. A charge of $25 will apply for any NSF payments, and a late payment charge of 15% per month will be charged on any amounts remaining unpaid for more than 10 (ten) days after the 1st of each month.
There will be no refunds or credits for partial months of service, service change refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made.
Payments will continue until the services provided have been cancelled by the Real Estate Agent by completing and submitting a cancellation document provided by the Company upon request.
Any questions or discrepancies regarding charges must be reported to us within 60 (sixty) days of the date of our invoice or other statements. Failure to notify us within this period will constitute the Real Estate Agent’s acceptance of such changes.
For any upgrade or downgrade in the Real Estate Agent’s services, your payment option provided at the start of services will automatically be charged the new rate on the Real Estate Agent’s next billing cycle.
The Company may, without liability, suspend or cancel the services provided if the Real Estate Agent fails to pay fees outstanding for more than 15 (fifteen) days, breaches any terms of this Agreement, or uses or allows others to use the Company’s services unlawfully.
The Company has the right to create and provide for the Real Estate Agents discount, gift, and promo codes programs.13. CANCELLATION
The Real Estate Agent are solely responsible for properly cancelling the Service. The Real Estate Agent can cancel the Service at any time. If the Real Estate Agent’s credit card was charged for the Real Estate Agent’s next renewal before the Company complete the cancellation, a full refund will be provided.
Cancellation requests cannot be processed via phone, email, or live chat. All cancellations must be done via the Real Estate Agent’s account on the Website. Contact the Company if you are unable to locate this page and the Company will send you a direct link.
All the Real Estate Agent’s content may be deleted from the Service upon cancellation, but the Company has the right to use the necessary Materials. This information may or may not be recoverable once the Service is cancelled.
If the Real Estate Agent cancels the Service before the end of the Real Estate Agent’s current paid pay period, the Real Estate Agent’s cancellation will take effect immediately and the Real Estate Agent will not be charged again.14. MARKETS TERMS
The Company grants the Real Estate Agent not limited, non-exclusive, non-transferable, non-sublicensable license to use the Website on a mobile device or computer that the Real Estate Agent owns or controls. The Company reserves all rights in and to the Website not expressly granted to you under these Terms. The Real Estate Agent may not copy the Website, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Website; (ii) distribute, transfer, sublicense, lease, lend or rent the Real Estate Agent’s account on the Website to any third party; (iii) reverse engineer, decompile or disassemble the Website; or (iv) make the functionality of the Website available to multiple Real Estate Agents through any means.15. THE REAL ESTATE AGENT’S ACCOUNT
The Real Estate Agent could create an account on the Website using his/her email, password, and legal name as the Real Estate Agent name.
The Real Estate Agent is responsible for all activities that occur under the Real Estate Agent’s account.