License Agreement
BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO BECOME A PARTY TO THIS AGREEMENT.
LICENSE AND WARRANTY:
The Service which accompanies this license (the "Service") is the property
of BayNet® World, Inc. ("BayNet") , it’s partners, affiliate or its licensors
and is protected by U.S. copyright and patent law. While BayNet® World, Inc. continues
to own the Service, all other products and the Software underlying it, you ("Customer")
will have certain rights and obligations in using the Service after your acceptance
of this license. Except as may be modified by a license addendum which accompanies
this license, your rights and obligations with respect to the use of this Service
are as follows:
DESCRIPTION OF SERVICE:
ListingAlert! is a Service and software for use ONLY by licensed real estate agents.
It allows agents to set up via a Web page interface a number of home buyer profiles
with their requirements and then receive, in an automated fashion and mediated by
the ListingAlert! Software on BayNet's Server Computer, Pager, Pager or Email alert
notifications when a new property listing matching any buyers' needs has been entered/posted
on the MLS (Multiple Listing Service).
To use Baynet software, you will need the latest version of Microsoft Internet Explorer, Google Chrome, Safari web browser, or Firefox. The software may not work properly with older browser versions.
LISTINGS DISCLAIMER
Listings are the property
of the MLS and one provided by Baynet to the REALTOR(R) thru a third party agreement
and or by open public sources.
Please note, it is the end user’s responsibility to determine if any of the images
on the site are copyright protected or not, and it will be in the end user’s best
interest to provide their own images and or replace existing images. Baynet will
make all efforts not to use any copyrighted images.
WHO MAY USE ListingAlert AND ALL OTHER BAYNET PRODUCTS
You may use the Service only for your own purposes, for your own clients. You must
be a licensed real estate agent, with a valid account to access the MLS, in good
standing with your MLS and in compliance at all times with your MLS' Rules and Regulations.
BayNet is neither a licensed realtor nor a multiple listing service (MLS). This
Agreement does not grant you access to any MLS database.
PRICING AND PAYMENT:
You will be asked at sign-up to enter your credit card number or check. BayNet will
keep your credit card information secure and confidential. By accepting this License
Agreement and by providing your credit card payment information you agree to the
pricing set forth herein and agree to be billed for the Service, as described, until
you or BayNet terminates the Service Agreement.
The Service is priced per year, per
half year, per three month or per month, and the minimum INITIAL TERM is 3 months
or as specified in each product. BayNet reserves the right to change the pricing
from time to time, as it deems fit, at its own discretion. You will be given 30
days notice of any price changes. The current price for the service and any pricing
options are posted at http://www.e-agents.com
Renewals will be done automatically unless service is cancelled by subscribers. All cancellation should be sent to support@baynet.com or faxed to (408)253-8098
CANCELLATION:
Baynet services are cancelable anytime after the date of initial signup or renewal,
you must send a cancellation request via e-mail to support@baynet.com. All accounts will be auto renewed, one week prior to
the anniversary. If you are canceling your account before the next renewal date,
you must have this done one week prior to your expiration date (please call Baynet
to verify your expiration date). Any cancellations after your signup or renewal
date will result in a prorated credit being issued to you by your method of payment
LESS a $150 cancellation and processing fee. Credit Card Surcharges will also apply.
CONFIDENTIALITY:
BayNet warrants that all information about yourself, your credit card and your clients
will be held in confidentiality and secure. BayNet will not release or sell or otherwise
use the information you provided for any other purpose than as necessary to operate
the ListingAlert! service.
ADVERTISING:
BayNet reserves the right
to publish, without notice to Customer, banner advertising on any ListingAlert!
Web pages, including Client pages. BayNet intends to use the revenue generated from
such advertising to improve the functionality of ListingAlert! . BayNet will make
sure that the advertising is in good taste and non-obtrusive. Should Customer have
good cause and reason to believe that the Advertising in any way negatively affects
Customer's Client Relationships, or Customer's own effective use of the Service,
then BayNet agrees to exclude Customer's and his/her Client's pages from receiving
advertising.
EMAIL and VIRUSES:
Please note that we may intercept and monitor incoming/outgoing email and therefore
you should neither expect nor intend any email to be private in nature. We believe
but cannot guarantee that the email is virus free prior to leaving our computer
system. You should satisfy yourself that it is free from harmful components, as
we do not accept responsibility for any loss or damage it may cause to your computer
systems.
LIMITED WARRANTY:
BayNet® World, Inc does not warrant that the Service will meet your requirements or that operation of the Service will be uninterrupted or that the Service will be error-free
BayNet or it’s partners are not in
charge of, is not in control of, is not responsible for information posted on the
MLS (Multiple Listing Service) or with any of the mobile/fax/pager companies the
customer may indicate in his/her profile. Customer understands that the correct
functioning of the Service is dependent upon the availability of the MLS database
and the mobile/fax/pager services used.
BayNet's sole obligation under this
Agreement is to maintain the Service and Software and the corresponding hardware
and to assure reasonably uninterrupted service. All other obligations are hereby
refuted, including the system's suitability for any particular purpose. Under no
circumstance shall BayNet. or their employees be held responsible for any liability
greater than the amount of one month subscription fee stemming from the use of the
Service, including but not limited to loss of revenue or profits, loss of use, interruption
of business, or for any indirect, special, incidental, or consequential damages
of any kind, based upon any claim, whether in contract or tort, arising out of or
related to this agreement.
All information gathered by this
Service is deemed reliable but not guaranteed. Client is strongly advised to take
appropriate steps to determine the accuracy of any information provided by this
Service before acting on it.
The above warranty is exclusive and
in lieu of all other warranties, whether express or implied, including the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
This warranty gives you specific legal rights. You may have other rights, which
vary from state to state.
MOBILE ALERTS DISCLAIMER:
Baynet World, Inc. assumes
no responsibility for the non-delivery or failure of any mobile alerts delivered
through ListingAlert! or related Baynet products as a result of a wireless carrier's
failure to deliver the alert or as a result of a wireless carrier's service failure.
In addition, we assume no liability for failure of mobile services as a result of
incorrect configuration or software compatibility issues that are inherent or present
in an agent's mobile phone/device. The Real Estate Agent (client) of Baynet World,
Inc. agrees to indemnify and hold Baynet harmless for any such failures or lapses
of service.
Regardless of whether any remedy set forth herein fails of its essential purpose,
in no event will BayNet be liable to you for any special, consequential, indirect
or similar damages, including any lost profits or lost data arising out of the use
or inability to use the Service, even if BayNet has been advised of the possibility
of such damages.
Note: Some states do not allow the
limitation or exclusion of liability for incidental or consequential damages so
the above limitation or exclusion may not apply to you. In no case shall BayNet's
liability exceed the purchase price for the Service. The disclaimers and limitations
set forth above will apply regardless of whether you accept the Service or not.
Your responsibilities under this Agreement shall be considered to be the same as
if you were to perform the searches yourself, including responsibility for moderating
which information is released to non-MLS members.
Restricted rights legend. Use, duplication, or disclosure by the Government is subject
to restrictions as set forth in subparagraph (c)(1) (ii) of the Rights in Technical
Data and Computer Service clause at DFARS 252.227-7013 or subparagraphs (c) (1)
and (2) of the Commercial Computer Service-Restricted Rights clause at 48 CFR 52.227-19,
as applicable.
GENERAL:
This Agreement and additional software license agreement as specified below will
be governed by the laws of the State of California. This Agreement may only be modified
by a license addendum which accompanies this license or by a written document which
has been signed by both you and BayNet® World, Inc. Should you have any questions
concerning this Agreement, or if you desire to contact BayNet® World, Inc for any
reason, send Email to support@baynet.com
or call (408) 253-8090.
THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you ("User") and
Baynet. This acceptance is intended to cover all the Listingproducer, RentalProducer
and its affiliated branded products.
1. Grant of License
Baynet grants to the User, a non-exclusive, non-transferable
license to use its proprietary ListingProducer/ListingProducerPro/RentalProducer
and its branded software modules ("Software"). The User may not use or duplicate
the Software for any use prohibited by law. Baynet and ListingProducer/ListingProducerPro/RentalProducer
and its branded products management reserves the right to cancel any site for
any unlawful material posted, if it determines, in its sole and absolute discretion
that the user is in violation of any US laws including a posting of Obscene Material
or offending, illegal materials as defined by US Laws, spam and any other non acceptable
postings. The use of the subject published domain is the responsibility of the publisher,
Baynet its affiliates and partners have no responsibility or control over the content
or use of the subject Domain ( URL ) published. By accepting this agreement you
also accept all the liabilities associated with publishing the subject URL or Domain
including its contents.
2. Intellectual Property Protection
Software is intellectual property of ListingProducer/ListingProducerPro/RentalProducer
and its branded products and Baynet. This Agreement does not give User any
intellectual property rights in the Software. The User agrees not to make any attempt
to discover or obtain the source code for the Software. ListingProducer/ListingProducerPro/RentalProducer
and its branded products are intended for use and can be used without reference
from any other form of advertising, including signage on the property. We make no
warranty against, and users of ListingProducer/ListingProducerPro/RentalProducer
and its branded products are solely responsible for any intellectual property claim
made by third parties arising from the use of signage referring to an internet listing.
We are aware of one party, Provost Amanda who purports to own patent rights in the
area. She can be reached at (800) 826-5123.
3. Limitation of Liability
ListingProducer/ListingProducerPro/RentalProducer and
its branded products do not control or check the content User puts into the site.
ListingProducer does not pre-screen, review or monitor the data, information or
other materials that appear on the site, and under no circumstances shall Baynet
be liable for any damages. Baynet and ListingProducer/ListingProducerPro/RentalProducer
and its branded products shall be held harmless for losses that occur relating to
the use of the Software. Baynet is also not liable for any damages and shall be
held harmless for losses that occur relating to any communications generated
by the software such as email or text messages and their successful delivery to
the intended parties.
4. Privacy
Baynet ListingProducer/ListingProducerPro/RentalProducer
and its branded products strive to ensure that our privacy policy is strictly followed.
ListingProducer/ListingProducerPro/RentalProducer and its branded products only
use information in ways necessary to provide their solution to the User.
5. Use of Information
ListingProducer/ListingProducerPro/RentalProducer and
its branded products are used for the sale or leasing of residential or commercial
property. Each site license is used to represent a unique property during the license
period. It's the user's responsibility to assure the proper permissions are granted
for the use of any name for the site.
User grants a license to Baynet ListingProducer/ListingProducerPro/RentalProducer
and its branded products to use non-personal data that resides on the Baynet system
in ways necessary to deliver the Baynet Web ListingProducer/ListingProducerPro/RentalProducer
and its branded products. The proprietary MLS public data information is for use
of MLS members only and the publication of all the information is the responsibility
of the user. You agree to hold Baynet its affiliates and its partners harmless and
liable for any action brought by any other party, you agree to defend, indemnify
and hold harmless Baynet and its affiliates and partners its employees direct or
indirect from any action, liabilities, claims and expenses.
6. Import from MLS Feature Important Notes
This feature is provided as a convenience to allow the
quick addition of your listings to your website. Availability and quality of this
service may vary depending on the source of listings in your area. Agents must have
the permission of their broker to post listings on their website. The posting of
other brokers' listings is strictly prohibited and may be in violation of MLS regulations.
Only residential homes and lots for sale can be copied using this feature. New listings
may take several days to become available by this service. Baynet is not liable
for any damages and shall be held harmless for any inaccuracies or ommisions in
MLS data that it imports for the convenience of its users.
7. Termination
User's license is terminated if the User violates this
Agreement. Upon termination, the User's domains and Baynet supported web sites will
be deactivated, and all traffic will be rerouted to the home page of Baynet ListingProducer/ListingProducerPro/RentalProducer
and its branded products.
8. General Provisions
This Agreement is the entire agreement between the User
and Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded products,
and supersedes prior agreements. The laws of California will govern this Agreement.
If any part of this Agreement is found to be void, unenforceable or invalid, it
shall not affect the other parts of this Agreement.
9. Cancellation Policy
Baynet, ListingProducer/ListingProducerPro/RentalProducer
and its branded products are not cancelable once the domain name has been registered.
The maximum license duration for the site is 12 months.
10. International Use
Baynet, ListingProducer/ListingProducerPro/RentalProducer
and its branded products make no representation that material on their sites is
appropriate or available for use in locations outside the United States, and accessing
them from territories where their contents are illegal is prohibited. Those who
choose to access this site from other locations are responsible for compliance with
local laws and do so on their own initiative.
11. Responsibility for Content
You acknowledge that you are solely responsibly for the
content of your web site. You represent and warrant that:
You have received permission from the homeowner/seller to place information concerning
the property on this internet site. You agree to indemnify and hold Baynet, ListingProducer/ListingProducerPro/RentalProducer
and its branded products harmless from any and all claims of the homeowner/seller
arising out of or in connection with the placement of the property information on
this site.
The information regarding any properties that you place on one of Baynet, ListingProducer/ListingProducerPro/RentalProducer
and its branded products sites is accurate and correct to the best of your knowledge
and belief ,and that you have verified this information in accordance with the present
custom and practice in the industry. You agree to indemnify and hold Baynet harmless
from any and all claims of injury and/or damage arising out of or in connection
with the accuracy of the information on any Baynet, ListingProducer/ListingProducerPro/RentalProducer
and its branded products sites.
You have been authorized by your employer and/or the owner of the name, service
mark/trademark/logo to place its name/service mark/trademark/logo on any of your
web pages on Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded
products sites. You agree to indemnify and hold Baynet harmless from any and all
claims by such entity relating to the placement of its name/service mark/trademark
on this any Baynet, ListingProducer/ListingProducerPro/RentalProducer and its branded
products sites.
You own or otherwise control all of the rights to the content or that the content
is in the public domain and that public posting and use of your content by Baynet,
ListingProducer/ListingProducerPro/RentalProducer and its branded products will
not infringe upon or violate the rights of any third party.
Please note, it is the end user’s responsibility to determine if any of the images
on the site are copyright protected or not, and it will be in the end user’s best
interest to provide their own images and or replace existing images. Baynet will
make all efforts not to use any copyrighted images.
You agree to use Baynet, ListingProducer/ListingProducerPro/RentalProducer and its
branded products sites for lawful purposes only and not to post or link to material
that is unlawful, vulgar, profane, defamatory, abusive or otherwise objectionable.
You recognize that Baynet has the right to remove any material that it finds to
be objectionable.
12. Email and Viruses
Please note that we may intercept and monitor incoming/outgoing
email and therefore you should neither expect nor intend any email to be private
in nature. We believe but cannot guarantee that the email is virus free prior to
leaving our computer system. You should satisfy yourself that it is free from harmful
components, as we do not accept responsibility for any loss or damage it may cause
to your computer systems.
13. E mail delivery
Baynet and it’s affiliates will not be responsible for
email deliveries due to blocking type of software that may be installed in
the recipient email.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH BAYNET, LISTING PRODUCER/RENTAL PRODUCER, AND ITS
BRANDED PRODUCTS (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR
USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BAYNET, ITS SUBSIDIARIES, AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT ITS SITES
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.