Phoenix Software Inc. operates a family of Web sites and associated Web based applications. Phoenix Software refers to this group of Web sites as the “Real Estate Platform” or “REP”. Any person accessing or using the Real Estate Platform is referred to as “you”. The Real Estate Platform powers white labeled versions with different names and domains, but is identified on the login screen by “Powered by REP)
Acceptance of Terms
General Use of The Real Estate Platform
- except with the express written permission of Phoenix Software, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Real Estate Platform, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the Real Estate Platform or interfere with any other party’s use and enjoyment of the Real Estate Platform;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by Phoenix Software through the Real Estate Platform.
Except with the express written permission of Phoenix Software, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Real Estate Platform.
Except with the express written permission of Phoenix Software, you agree that you will not create links from any Web site or Web page to any page within the Real Estate Platform; provided however upon prior written notice to Phoenix Software at [email protected] Software.com, you may create a link directly to any of the Real Estate Platform home pages. The origin of any link to any Real Estate Platform home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Real Estate Platform home page. By creating a link to the Real Estate Platform, you agree that (a) you will not employ any technology that results in the placement of content from the Real Estate Platform in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Real Estate Platform from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Real Estate Platform. Phoenix Software reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Phoenix Software so requests.
Phoenix Software does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Phoenix Software from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that Phoenix Software is not a real estate broker, mortgage broker or mortgage lender, and Phoenix Software does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the Real Estate Platform
The Real Estate Platform and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Real Estate Platform (collectively, “Content”) is owned by Phoenix Software and/or third parties with all rights reserved unless otherwise noted.. Phoenix Software grants you a limited license to access and use the Real Estate Platform and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Real Estate Platform provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Real Estate Platform or Content, except with express written consent of Phoenix Software. You understand that all third party Content posted on, transmitted through, or linked from the Real Estate Platform, is the sole responsibility of the third party originator of such Content. Content is provided through the Real Estate Platform AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Phoenix Software be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that Phoenix Software does not screen or approve third-party Content, and that Phoenix Software shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or Phoenix Software any Content that is available via the Real Estate Platform, for any reason.
Content You Provide
To the extent that you post, upload, input, submit Content on or through the Real Estate Platform, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Real Estate Platform. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Phoenix Software as provided below.
You promise that you will not use the Real Estate Platform to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the Real Estate Platform, you grant, and you represent and warrant that you have the right to grant, to Phoenix Software an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Real Estate Platform, you grant Phoenix Software all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Real Estate Platform by any party for any purpose.
Applicable Law; Agreement to Arbitrate
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE REAL ESTATE PLATFORM, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHOENIX SOFTWARE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE REAL ESTATE PLATFORM, SERVICES AND/OR CONTENT. PHOENIX SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL PHOENIX SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE REAL ESTATE PLATFORM, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE REAL ESTATE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE REAL ESTATE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE REAL ESTATE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PHOENIX SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE REAL ESTATE PLATFORM, AND ALL OTHER USE OF THE REAL ESTATE PLATFORM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on the Real Estate Platform (as well as the organization and layout of the Real Estate Platform) are owned and copyrighted or licensed by Phoenix Software, its corporate affiliates or its third-party vendors. © Phoenix Software, Inc. 2019, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Real Estate Platform is permitted without the written permission of Phoenix Software. Any rights not expressly granted herein are reserved.