MoreRealEstateLeads User Terms and Conditions
Last Updated on December 1, 2016
AGREEMENT is entered between Client (“Client”) and MoreRealEstateLeads, whose offices are located in Littleton, Colorado, on the date you agree to these Terms below (“Effective Date”). The purposes of this Agreement are to offer to Client the terms of a business relationship between MoreRealEstateLeads and Client, and to specify those services that MoreRealEstateLeads will provide to Client, services for which Client agrees to pay financial consideration. This Agreement sets forth Your rights and obligations as a MoreRealEstateLeads User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
- “MoreRealEstateLeads” is a trademark of Internet Media Consultants, LLC, and also refers to proprietary Internet Media Consultants LLC software used to create Websites and related products. In this Agreement, references to “MoreRealEstateLeads” as a Party mean and refer to Internet Media Consultants LLC, doing business as MoreRealEstateLeads, and Internet Media Consultants LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
- “Parties” mean MoreRealEstateLeads and You. MoreRealEstateLeads and You are each a “Party.”
- “Terms” mean and refer to the MoreRealEstateLeads User Terms and Conditions set forth herein.
- “User” refers to a person who has created a MoreRealEstateLeads Account. “User Account” refers to a User’s MoreRealEstateLeads Account.
- “You”and “Your” means the MoreRealEstateLeads User who has executed this Agreement by clicking “I Agree.”
STANDARD WEBSITE LICENSE
The WEBSITE is licensed to the Client, and grants you a non-exclusive, non-transferrable right to make use of the website, and all included SOFTWARE applications, only on MoreRealEstateLeads servers. This license does not allow the transfer of files to another host or server. The Website is protected by copyright laws and intellectual property laws. MoreRealEstateLeads retains all rights not expressly granted to you in this license.
MONTHLY PAYMENTS for HOSTING AND TECHNOLOGY
MoreRealEstateLeads shall not increase monthly payments without prior notification to Client. Monthly payments are for activation and availability of services, regardless of Client’s actual usage, including, but not limited to, server usage, website technology provided by MoreRealEstateLeads or another third party through which fees are passed through the Client. All other terms of service apply. Client will also be charged for the renewal of domain name registration each year after the first year of service, if a domain name was registered by MoreRealEstateLeads for the Client through MoreRealEstateLeads’ domain name registration reseller account.
Client retains full ownership of any UNIQUE CLIENT CONTENT. Unique client content is defined for this Service Agreement as textual or graphical content which has been provided to MoreRealEstateLeads by Client and is of Client origin; graphical content created by MoreRealEstateLeads staff specifically for and which is actually used on Client’s web site; and/or all application/lead data generated from Client’s web site. MoreRealEstateLeads retains ownership of any content, which does not fall under the definition of “unique client content” as defined above. This specifically refers to, but is not limited to, any calculators, database interfaces, markets and economy information, programs used on the server to process those forms or applications or any other data, content, images, or graphics of stock content which is used by MoreRealEstateLeads to create customer web sites. Upon cancellation, Client will be provided with files containing any unique client content created for the web site. MoreRealEstateLeads’ proprietary web site features (defined above) are not available to Client upon cancellation.
TERM AND TERMINATION
Your User contract with MoreRealEstateLeads begins when You click “I Agree,” and will continue month-to-month until either:
- MoreRealEstateLeads cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to MoreRealEstateLeads.
- You provide MoreRealEstateLeads ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to MoreRealEstateLeads.
- Your credit card or MoreRealEstateLeads charge is denied for any reason and You do not provide MoreRealEstateLeads a new credit card within ten (10) days.
WARRANTIES – Client warrants that it has the right to publish and use Client’s name, trademarks, service marks, domain names and other identification terms, graphics and/or symbols, all advertising content and all other content provided by Client to MoreRealEstateLeads for inclusion on Client’s web site and/or as advertising on or linking to other web sites; MoreRealEstateLeads may modify the software used to operate the Services from time to time at its sole discretion. MoreRealEstateLeads will use reasonable efforts to schedule maintenance down times for off-peak periods. MoreRealEstateLeads will not be responsible for loss of information stored in the Database. MoreRealEstateLeads does not support third party software, (i.e.: Outlook).
With the exception of Client’s indemnification obligations herein, neither MoreRealEstateLeads nor Client shall be liable to the other for any special, direct, incidental, or consequential damages (including but not limited to such damages arising from breach of contract, breach of warranty, or negligence), or from interrupted communications, loss of use, loss of business, lost data, or lost revenue arising out of or in connection with this Agreement. MoreRealEstateLeads’ total liability to Client shall be limited to no more than a refund of the monies received by MoreRealEstateLeads from Client under this Agreement.
Client agrees to defend (upon request) and indemnify MoreRealEstateLeads, its agents and employees, and to hold MoreRealEstateLeads harmless from any and all claims, demands, causes of action or damages, including reasonable attorneys’ fees, arising out of Client or MoreRealEstateLeads’ use of content provided by Client to MoreRealEstateLeads that a third party asserts is infringing its proprietary rights, is violating any confidentiality obligation, or is otherwise violating any law or causing harm to a third party.
The parties to this Agreement are independent contractors, and no agency, partnership, joint venture, or employer/employee relationship is intended by this Agreement. Neither party may take action, which is binding on the other party. Neither party shall make any representations or warranties to third parties on behalf of the other party unless specified in writing and executed. This Agreement sets forth the entire understanding and agreement of the parties, and supercedes any and all prior oral or written agreements or understandings between parties, as to the subject matter of this Agreement. This Agreement may be changed only in writing signed by both parties. Waiver by either party of a breach of contract does not nullify this Agreement. This Agreement, including all matters relating to validity, construction, performance or enforcement hereof, shall be construed in accordance with laws of the State of Colorado, with the exception of its choice of laws provisions.
This Agreement is entered into, and shall be deemed to have been made, in Littleton, Colorado.