- You warrant that you hold a valid Real Estate License, and have the consent, as applicable, to enter into this Agreement from your local Real Estate Board, Broker and any other authority required.
- You have the full responsibility to ensure that your website and other online materials provided by Web4Realty, follow all, but not limited to: MLS® rules and regulations, local real estate board rules, and local laws.
- The content that you add to the provided website is your sole responsibility and not in any way the responsibility of Web4Realty.
- The design of the website, and the content provided by Web4Realty, including but not limited to the graphic design, computer coding, marketing materials and technical processes are owned by Web4Realty, and cannot be copied, altered in any way, or distributed.
- You must not and/or must not allow others, to alter in any way, copy, reproduce, modify or distribute Web4Realty products, and must not provide your personal password to anybody except your authorized representatives, and if breached, you will be liable to the damages suffered by Web4Realty.
- The software/website is the intellectual property of Web4Realty. This Agreement does not give you any intellectual property rights in the software/website. You also agree not to make any attempt to discover or obtain the source code for the software/website.
- Web4Realty may use any and all non-personal data entered onto your website in any way necessary or desired.
- Web4Realty reserves the right to, at its discretion, request the removal, modification, changes or elimination of any and all content advertising third party services on your website. In the event that such request is not satisfied, Web4Realty shall have the right to terminate your account.
- You are responsible for all equipment and software necessary to access Web4Realty services.
- You consent to receive electronically from Web4Realty any notices, progress reports, agreements, disclosures, or other communications. All Notices from Web4Realty are effective at the time they are sent, regardless of whether the notice is read or received.
- Web4Realty may change current technology and support capabilities at any time.
- You bear all risks associated with the use of all content and images, whether edited or written by Web4Realty, including any reliance upon accuracy, usefulness, completeness or ownership.
- You assume full liability for any infringement of any third-party’s copyright or trademark rights as a result of the use of protected materials on your website, including, but not limited to, any infringement due to website content, images, website design or the look and feel of your website.
- If there is a dispute between Web4Realty clients, or between users and any third party, you agree that Web4Realty is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Web4Realty, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our products and services.
- You may not use the Web4Realty software/website in any manner that could damage, disable, overburden, or impair the Web4Realty software/website or interfere with any other party’s use and enjoyment of the Web4Realty services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web4Realty software/website.
- Under no circumstances, shall Web4Realty be liable for any damages. Web4Realty shall be held harmless for losses that occur relating to the use of the software/service.
- A charge of $10 will apply for any NSF payments, and a late payment charge of 2% per month will be charged on any amounts remaining unpaid for more than 10 business days after your billing due date.
- Any graphics created by Web4Realty are owned and copyrighted by Web4Realty, and cannot be used, copied and/or distributed on any other website or advertising/promotional platform without the expressed written consent of Web4Realty.
- Web4Realty may, without liability, suspend or cancel the services provided if you fail to pay fees outstanding for more than 15 business days or breach any terms of this Agreement.
- Web4Realty uses data feeds from third party real estate boards which include photos uploaded by their members. We are not responsible for any copyright infringement from photos uploaded through such data feeds.
- Web4Realty is not responsible for clients’ expired or lost domain names. Clients are fully responsible for managing their own domain names, and Web4Realty is indemnified of any damages or costs associated with domain names.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
- Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold Web4Realty, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
- Free trials that are loaded onto domains that are not active paid subscriptions, are automatically deleted after 90 days.
- Free trials that are loaded onto domains that were active paid subscriptions, and then cancelled, are automatically deleted after 60 days.
- Websites that were active paid subscriptions, and then cancelled, are automatically deleted after 60 days.
- Free trials that have been loaded onto a domain name, and are not active paid subscriptions, will see a mandatory popup on the public facing side of the website after 30 days.
- There are no contracts using the Web4Realty service.
- Monthly subscriptions can be cancelled by notifying [email protected] If the cancellation occurs prior to the next scheduled billing date, you will not be charged again.
- Annual subscriptions are non-refundable.
General Terms for Design Services
- There are no refunds for any custom designs or service orders that have started in production.
- Designs are subject to two full-scale revisions; additional revisions are subject to charge, those charges will be identified to you prior to conducting the work.
- Design services will include every asset listed in the itemized receipt sent to you. Requests for additional design work outside the bounds of the itemized receipt are subject to charge and will be handled on an individual basis.