These terms are incorporated in the ArchAgent Universal Terms of Service for users of the ArchAgent Mobile Real Estate Search Application.
- MLS Data. The Application provides access to listings and local real estate content ("MLS Data"). Use of an Application is expressly subject to all MLS, National Association of Realtors (NAR), Local MLS, State and Federal regulations governing real estate. All MLS Data is intended only for the user's personal, non-commercial use and where the user has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered. The User may not copy, redistribute or retransmit any of the data or information provided. The User expressly acknowledges the MLS's ownership of and copyright of the MLS Data. MLS Data is deemed to be reliable but is not guaranteed to be accurate or complete. Some properties which appear for sale may no longer be available because they are under contract, have sold or are no longer being offered for sale. ArchAgent assumes no liability for the accuracy of any MLS data.
- Host Agent. The Application and/or the local MLS may require that a licensed real estate agent (“Host Agent”) be assigned to the User’s use of the Application. This assignment provides the user with convenient access to a licensed agent when requesting specific property information. The assignment of a Host Agent does not create any contractual relationship – the User has no legal responsibility to use the Host Agent for any purpose, and the Host Agent has no legal responsibility to advise, represent or otherwise service the User. Such contractual relationship can only be formed by a separate agreement between the User and the Host Agent. The User acknowledges that the use of the Application does establish a business relationship with the Host Agent in the context of the Telemarketing Consumer Protection Act.
- User’s Location. The Application may need to detect the User’s location using the User’s mobile device geo-location services or by other means. When initially using the Application, the User will be asked to consent to the Application using their location, for the purpose of locating nearby real estate related information. This consent persists as long as the User continues to use the Application. Permission to use location is not required to use the Application; however certain features will be unavailable without such consent. The User can revoke consent at any time by discontinuing use of, or un-installing the Application.
- Sharing of Information. MLS regulations require registration with accurate contact information prior to providing access to MLS Data. The User expressly consents that such information may be shared with the Host Agent. The Application will not share specific information about the User’s location. The Application may, however, share information with the Host Agent about the use of the Application, such as properties viewed, searches, and similar activity.
- Telephone Charges. The User is not charged by ArchAgent for using the Application. However, the Application may result in usage charges from the User’s mobile provider for data usage, talk minutes, text messaging and similar services. The User acknowledges such charges may apply and is solely responsible for payment of such charges.
ArchAgent Universal Terms of Service
Nothing in this Section shall affect ArchAgent’s rights regarding Provision of Services above.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ArchAgent have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15(f) shall continue to apply to such rights, obligations and liabilities indefinitely.
EXCLUSION OF WARRANTIES
- Your relationship with ArchAgent
- Your use of ArchAgent products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by ArchAgent under a separate written agreement) is subject to the terms of a legal agreement between you and ArchAgent. “ArchAgent” means Arch Telecom Inc., whose principal place of business is Houston, TX, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
- Unless otherwise agreed in writing with ArchAgent, your agreement with ArchAgent will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
- Your agreement with ArchAgent will also include the terms of any Additional Terms applicable to the Services, in addition to the Universal Terms. All of these are referred to as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
- The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and ArchAgent in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
- If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
- Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
i. clicking to accept or agree to the Terms, where this option is made available to you by ArchAgent in the user interface for any Service; or
ii. by actually using the Services. In this case, you understand and agree that ArchAgent will treat your use of the Services as acceptance of the Terms from that point onwards.
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ArchAgent, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
- Provision of the Services by ArchAgent
- ArchAgent is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ArchAgent provides may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that ArchAgent may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ArchAgent’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ArchAgent when you stop using the Services.
- You acknowledge and agree that while ArchAgent may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ArchAgent at any time, at ArchAgent’s discretion.
- Use of the Services by you
- In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ArchAgent will always be accurate, correct and up to date.
- You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ArchAgent, unless you have been specifically allowed to do so in a separate agreement with ArchAgent. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
- Unless you have been specifically permitted to do so in a separate agreement with ArchAgent, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You agree that you are solely responsible for (and that ArchAgent has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ArchAgent may suffer) of any such breach.
- Privacy and your personal information
- You agree to the use of your data in accordance with ArchAgent’s privacy policies.
- Content in the Services
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
- You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the parties who provide that Content to ArchAgent (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by ArchAgent or by the owners of that Content, in a separate agreement.
- Proprietary rights
- You acknowledge and agree that ArchAgent (or ArchAgent’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ArchAgent and that you shall not disclose such information without ArchAgent’s prior written consent.
- Unless you have agreed otherwise in writing with ArchAgent, nothing in the Terms gives you a right to use any of ArchAgent’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
- Unless you have been expressly authorized to do so in writing by ArchAgent, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- License from ArchAgent
- ArchAgent gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ArchAgent as part of the Services as provided to you by ArchAgent (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ArchAgent, in the manner permitted by the Terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ArchAgent, in writing.
- Unless ArchAgent has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
- Software updates
- The Software which you use may automatically download and install updates from time to time from ArchAgent. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ArchAgent to deliver these to you) as part of your use of the Services.
- Ending your relationship with ArchAgent
ii. ArchAgent is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
iii. the partner with whom ArchAgent offered the Services to you has terminated its relationship with ArchAgent or ceased to offer the Services to you; or
iv. the provision of the Services to you by ArchAgent is, in ArchAgent’s opinion, no longer commercially viable.
- The Terms will continue to apply until terminated by either you or ArchAgent as set out below.
- If you want to terminate your legal agreement with ArchAgent, you may do so by (a) notifying ArchAgent at any time and (b) closing your accounts for all of the Services which you use, where ArchAgent has made this option available to you. Your notice should be sent, in writing, to ArchAgent’s address available on our website. You may also email such notice, provided however that such email notice is not deemed received until you receive a confirmation of receipt from ArchAgent.
- ArchAgent may at any time, terminate its legal agreement with you if:
i. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 11(a) ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARCHAGENT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
ANY CHANGES WHICH ARCHAGENT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE ARCHAGENT WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON ARCHAGENT’S LIABILITY TO YOU IN PARAGRAPH 12(a) ABOVE SHALL APPLY WHETHER OR NOT ARCHAGENT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
The manner, mode and extent of advertising by ArchAgent on the Services are subject to change without specific notice to you.
In consideration for ArchAgent granting you access to and use of the Services, you agree that ArchAgent may place such advertising on the Services.
Changes to the Terms
ArchAgent may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, ArchAgent will make a new copy of the Universal Terms available at http://www.ArchAgent.com/terms and any new Additional Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, ArchAgent will treat your use as acceptance of the updated Universal Terms or Additional Terms.
General legal terms
The Terms constitute the whole legal agreement between you and ArchAgent and govern your use of the Services (but excluding any services which ArchAgent may provide to you under a separate written agreement), and completely replace any prior agreements between you and ArchAgent in relation to the Services.
You agree that ArchAgent may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You agree that if ArchAgent does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ArchAgent has the benefit of under any applicable law), this will not be taken to be a formal waiver of ArchAgent’s rights and that those rights or remedies will still be available to ArchAgent.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which ArchAgent is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
The Terms, and your relationship with ArchAgent under the Terms, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and ArchAgent agree to submit to the exclusive jurisdiction of the courts located within the county of Travis, Texas to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ArchAgent shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
January 10th, 2011
- NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 and 12, SHALL EXCLUDE OR LIMIT ARCHAGENT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
- IN PARTICULAR, ARCHAGENT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
i. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
ii. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
iii. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
iv. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARCHAGENT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- ARCHAGENT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.