THE FOLLOWING DESCRIBES THE TERMS ON WHICH Wise Agent OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to Wise Agent's User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at http://www.wiseagent.com (the "Sites"). If you have any questions, please contact us at (http://www.wiseagent.com/contact.asp).
We may amend this Agreement at any time by posting terms, as amended, on our Sites in this Agreement. Except as stated below, all amended terms shall automatically be effective 14 days after we initially post them on our site. This Agreement may not be otherwise amended except in writing signed by you and Wise Agent. This agreement is effective on April 21st, 2006 for new registering users(https://www.wiseagent.com/secure/eula060407.asp).
1. Limitations of Use - You may not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions, including without limitation, certain provisions of the Real Estate Settlement Procedures Act ("RESPA") and other applicable real estate laws. Information on the Sites may be accessed, downloaded and printed for the purpose of facilitating real estate transactions. You may not copy, reproduce, alter, modify, distribute, license, display, publish, 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 our Sites, or publicly display any content from our Sites without the prior written permission of Wise Agent and/or the appropriate third party. You agree that you will not use our Sites in any manner that could damage, disable, overburden or impair the Sites or interfere with any other party's use of the Sites. Except with the prior written permission of Wise Agent, you agree to refrain from accessing or attempting to access secure or non-public areas of our Sites. Individuals attempting unauthorized access to prohibited areas of the Sites may be subject to prosecution.
2. Third Party Advertising.
The Wise Agent may participate in third party advertising contracts under which the third party pays an advertisement fee to Wise Agent for advertising exposure to participating users. Wise Agent has the right to make contracts with third parties concerning advertising on the Sites. These contracts will be established on a case-by-case basis between Wise Agent and third parties. It is likely that the Wise Agent may engage one or more competing third parties to advertise their services on the Sites. Fees and services charged by or provided by other third party vendors are excluded from this agreement. If you register with a sponsoring promocode, you agree to share only your contact information with the sponsoring party so that they may contact you by phone, person, or email. This information does not include your login information or the information about your clients nor does the sponsoring party have access to your account. This system and any third party advertising agreement does not constitute an agreement, understanding or requirement to refer business to the sponsor. While users of the Sites may engage third party advertisers for services, it is at their sole discretion and their use of the Sites and subscription to the Wise Agent's services does not require users to engage such third party advertisers.
3. Fees and Services.
By joining Wise Agent you acknowledge that after any free trial or promotional period you will be charged a subscription fee as posted on our pricing page (http://wiseagent.com/pricing.asp) per month to continue to use our services. At the end of any such period, you will lose access to your information saved on Wise Agent website, until such time you complete your registration with payment. In accordance with RESPA, the users subscription fee may not be defrayed by a third party advertiser based upon either (i) the amount of business referred to such party advertiser or (ii) the amount of revenues received by the Wise Agent from any third party advertiser.
4. Collection of Fees
You will be charged the subscription fee as posted on our pricing page (http://wiseagent.com/pricing.asp) at the time you complete your registration with your payment. You will be charged the subscription fee as posted on our pricing page (http://wiseagent.com/pricing.asp) on the same day of the month each month thereafter for your Wise Agent subscription. The charge will appear on your credit card statement. You may terminate your service and subscription up to twenty-four hours prior to the day of the month payment occurs without being charged. To avoid being charged, you are required to contact The Wise Agent via the "Contact Us" button or by calling the office at 480-836-0345. To terminate your subscription with Wise Agent visit our termination page at (http://www.wiseagent.com/quit.asp). Upon receiving your termination request, if you have requested your database information, you will be contacted by our customer service department as to how to deliver your information to you. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by emailing users concerning policy changes. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we email users concerning policy changes. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
5. Cancellation Policy
You are not committed to any contract when you set up payment for your Wise Agent account - you may cancel at any time. If you wish to cancel, click the Contact Us button and let us know. You will receive a confirmation email that your cancellation request was received and processed. You will not be charged anything further once you receive the confirmation email from our Customer Support Team. Save that email for your records. Because we make it so easy for you to cancel, Wise Agent cannot process refunds or prorate your account for any reason. If you cancel your account in the middle of your billing cycle (whether you choose a monthly, bi-annual, or annual billing cycle) you will have access to your account until the end of that billing cycle and you will not be charged again.
6. Your Information.
6.1 Definition. "Your Information" is defined as any information you provide to us in the registration, contact, request, complaint, or cancellation process, or through any email feature. You are solely responsible for Your Information.
6.2 Restrictions. Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
6.4 Users - If and when requested by Wise Agent, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity.
7. Access and Interference.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of Wise Agent site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Wise Agent.
You may not take any actions that may undermine the integrity of the feedback system.
All forms on Wise Agent are provided as available for use by the entire real estate industry. The use of this form is not intended to identity the user as a REALTOR . REALTOR is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. Wise Agent recognizes these forms as reproductions and issue no warrantee as to their validity, legality, or accuracy.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
10.1. Links to Third Party Sites.
The Sites may contain links to web sites operated by parties other than Wise Agent. Such links are provided for your reference only. Wise Agent does not control such web sites and is not responsible for their contents. Wise Agent's inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
12. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
15. No Agency.
You and Wise Agent are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Wise Agent. Attn: Legal Department 17417 E Caliente Drive, Fountain Hills, AZ 85268 US (in the case of Wise Agent) or to the email address you provide to Wise Agent during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Wise Agent during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Wise Agent to collect our fees and/or recover damages for, or obtain an injunction relating to, Wise Agent site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Wise Agent may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona necessary to protect the rights or property of you or Wise Agent pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1000.00.
18. Additional Terms.
The following documents are incorporated by reference:
This Agreement shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Wise Agent, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Fees and Services) with respect to fees owed for our services, 4.3 (Release), 7.3 (License), 8 (Access and Interference), 13 (Liability Limit), 14 (Indemnity) and 18 (Arbitration) shall survive any termination or expiration of this Agreement.
Disputes between you and Wise Agent regarding our services may be reported to Customer Support by going to http://www.wiseagent.com/contact.asp. This agreement is available on our website at http://www.wiseagent.com/license.asp. Any changes to this policy are effective after we provide you with at least fourteen (14) days' notice of the changes by email.