Property Maps Agent Terms and Conditions
(Last updated November 11, 2009)
1. Profile Data.
(a) You will provide (i) accurate, current and complete information as may be prompted by any subscription forms when you subscribe to the Property Maps Agent Profile Service ("Profile Data"); (ii) maintain and promptly update the Profile Data, and other account-related information you provide to Property Maps, to keep it accurate, current and complete; and (iii) accept all risks of unauthorized access to the Profile Data and other information you provide to Property Maps.
(b) If you have not already created an account with Property Maps, when you subscribe to the Property Maps Agent Profile Service you will be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to maintain the security of your password. You agree not to use the account, username, or password of another Property Maps user at any time, and agree to notify Property Maps immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2. Your Submissions. The Property Maps Agent Profile Service will allow you to submit certain information and materials to Property Maps, including, without limitation, photographic images, as part of your use of the Property Maps Agent Profile Service ("Submissions"). Under these Property Maps Agent Profile Terms, you agree that you will not post, place or transmit any of the following material using the Property Maps Agent Profile Service and that your Submissions will not include:
(a) any threatening, defamatory, abusive, obscene, pornographic, inappropriate, unlawful or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
(b) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or
(c) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.
3. Subscriptions; Payment. Property Maps will make available to you one or more Subscription packages for the Property Maps Agent Profile Service. The term of the Subscription (the "Subscription Term") and benefits of each Subscription package as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth on the Site at http://www.propertymaps.com/agents. Subscriptions will automatically renew for an additional Subscription Term equal to the length of the original Subscription Term unless you request cancellation at least one (1) day prior to the renewal date. The Subscription packages available and the Subscription Fees and other terms and conditions applicable thereto are subject to change by Property Maps at any time by posting such revisions on the Site. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in advance in U.S. Dollars. You must provide Property Maps with a valid credit card or other payment method approved by Property Maps, and you authorize Property Maps to automatically charge the Subscription Fees in advance for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, Property Maps may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Property Maps incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Property Maps. Nothing in these Property Maps Agent Profile Terms obligates Property Maps to extend credit to any party.
4. Representations and Warranties. You hereby represent, warrant and covenant to Property Maps that:
(a) you have the full right, power and authority to enter into this Agreement;
(b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act;
(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above;
(d) all information provided by you in connection with the Property Maps Agent Profile Service will be true and correct;
(e) you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and
(f) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional. You agree to a 25% "Referral Fee" for any customer introduced to you via Property Maps or the Site.
5. Referral Fee. You hereby represent, warrant and covenant to Property Maps that:
(a) you have the full right, power and authority to enter into this Agreement;
(b) you will promptly notify and submit Referral Fee payment to Property Maps within 48 hours of the closing date.
(c) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to the Referral Fee;
(d) failure to submit payment on-time or in full, can result in immediate termination of your agreement with Property Maps and can result in Property Maps taking any and all steps necessary to collect it's debt.
6. License and Removal of Submissions. Property Maps is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by Property Maps users. However, Property Maps reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that Property Maps deems necessary relating to use or misuse of the Property Maps Agent Profile Service. You hereby grant to Property Maps a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the Property Maps Agent Profile Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
7. Age Requirements. You must be at least 18 years of age to use the Property Maps Agent Profile Service. By using the Property Maps Agent Profile Service, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these Property Maps Agent Profile Terms.
8. Cancelling Your Subscription or the Property Maps Agent Profile Service. If you violate any of these Property Maps Agent Profile Terms, Property Maps may, in addition to any other rights and remedies it may have, immediately terminate your Subscription to the Property Maps Agent Profile Service without any notice or other action by Property Maps. In the event of such termination, no amounts that you may have prepaid for use of the Property Maps Agent Profile Service will be refunded. You will have the right to cancel the Property Maps Agent Profile Service at any point in time from within your Property Maps account. If you choose to do so, you recognize that it may take up to 96 hours for the featured status of your listings to be removed and/or for your Local Spotlight Ad to be removed from the site. Additionally, while you will no longer be billed, no amount that you may have prepaid for use of the Property Maps Agent Profile Service will be refunded. If Property Maps discontinues the Property Maps Agent Profile Service or cancels your Subscription thereto other than for a breach or violation of these Property Maps Agent Profile Terms, Property Maps will either, at its sole option, continue to provide the Property Maps Agent Profile Service for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term.
10. Indemnification. You will indemnify, defend and hold harmless Property Maps, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Property Maps Agent Profile Service from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Property Maps Agent Profile Terms, including, without limitation, a breach of your representations and warranties, (ii) your Featured Listings, your Local Spotlight Ad, and/or any activity related to access to or use of the Property Maps Agent Profile Service by you or any person accessing the Property Maps Agent Profile Service through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights
11. Disclaimer of Warranties. THIS Property Maps PRO SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. Property Maps DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. Property Maps DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Property Maps IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
12. Limitation Of Liability. IN NO EVENT SHALL Property Maps, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SUBMISSIONS OR THE PROPERTY MAPS AGENT PROFILE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Choice Of Law, Waiver, And Claims. These Property Maps Agent Profile Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions to the contrary. Property Maps's failure to exercise or enforce any right or provision of the Property Maps Agent Profile Terms will not be deemed to be a waiver of such right or provision. If any provision of these Property Maps Agent Profile Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Property Maps Agent Profile Terms remain in full force and effect. 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 Property Maps Agent Profile Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Arbitration. Any controversy or claim arising out of or relating to these Property Maps Agent Profile Terms or the Property Maps Agent Profile Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Property Maps or you may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas, as necessary to protect the rights or property of you or Property Maps.