WEICHERT AGENT PAGES WEBSITES SUBSCRIBER ACCESS LICENSE AGREEMENT was last updated on March 13, 2014.

THIS SUBSCRIBER ACCESS LICENSE AGREEMENT (the “Agreement”) governs the terms of use by you of certain services and products described below. These services and products are offered by Real Estate Digital, LLC. (“Real Estate Digital”) and/or Berkshire Hathaway HomeServices (“BHHS”).  Real Estate Digital and BHHS have entered into agreements regarding the administrative, billing, customer service and other functions related to the services.

This Agreement is made between you as the user and Real Estate Digital as the provider of the Weichert Agent Pages Websites Services and the product (the “Product”).  Please read this Agreement and be reading it and using the Product, you are acknowledging your acceptance of the Agreement.

1. You acknowledge and agree by registering as a user and/or using the Product (i) to be bound by all of the terms in this Agreement, and (ii) that this Agreement replaces and supersedes any previous Subscriber Access License Agreement governing your use of the Product. Real Estate Digital may change the terms in this Agreement at any time and from time to time. When the terms are changed, Real Estate Digital will notify you by email or online postings. The changes will also appear in this document; therefore, you should bookmark this page and check back regularly. If you access the Product after Real Estate Digital has notified subscribers of a change in the Agreement, you will be deemed to have agreed to be bound by all of the changes.

2. Real Estate Digital will never supply personal information, such as your name, address, telephone number, e-mail address or other specific personal identifying information to any other party without your express prior consent. Real Estate Digital may store the information you provided as part of the registration process and use it to inform you about other products and services, unless you notify Real Estate Digital that you do not wish to receive this information.

3. You agree to an initial minimum service term of twelve (12) months. You also agree that this Agreement shall automatically renew for successive twelve-month terms unless cancelled in writing at least 30 days prior to the end of the initial twelve-month term or any renewal twelve-month term. Cancellation requests must be submitted in writing to billing@WeichertAgentPages.com.

4. You agree to pay the published set-up fee and hosting fees for the service plan you have selected. You authorize Real Estate Digital or BHHS, as the case may be, to automatically charge to the credit card designated when your order is submitted or subsequently updated by you (i) the published set-up fee, and (ii) hosting fees, on a monthly or annual basis as determined by you at the time your order is submitted, for the initial twelve-month term and each renewal term. Charges for the set-up fee will be made at the time your order is submitted. Charges for hosting fees will begin at the time your order is submitted and continue in accordance with this Agreement. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for the services designated in your order.

5. If you are not completely satisfied with your purchase, this subscription may be cancelled within 30 calendar days of the purchase date and you will receive a full refund of any pre-paid hosting fees. Set-up fees are non-refundable. Cancellation requests must be submitted in writing to billing@WeichertAgentPages.com. All fees are non-refundable after the 30 day cancellation period.

6. If you fail, or Real Estate Digital suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide a valid credit card or with accurate and complete registration data, failure to safeguard your account information, or infringement or other violation of third parties’ rights, Real Estate Digital, at its sole discretion, without notice to you may (i) terminate this Agreement and/or your account, and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate your use of the Product.

7. You are responsible for all use of the Product made using your username and password, whether or not such use is made by you or by someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorized use. If you believe there has been unauthorized use of your username or password, you should change your password and notify Real Estate Digital immediately.

8. You agree to use the services offered by Real Estate Digital in a manner consistent with all applicable local, state/provincial and federal laws and regulations. You will not knowingly or unknowingly submit to Real Estate Digital for publication any of the following material (including pictures, links, or any other content):

(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;

(b) any material that is libelous or slanderous;

(c) any material which is or contains anything obscene or pornographic; or (d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings. IT IS YOUR SOLE RESPONSIBILITY TO BECOME FAMILIAR WITH AND TO COMPLY WITH ALL LAWS THAT MIGHT RELATE TO MATERIALS CONTAINED ON YOUR WEB SITE. Due to the public nature of the Internet, all material submitted by you for publication will be considered accessible by the public. Real Estate Digital will not screen in advance any material submitted by you for publication. Real Estate Digital’s publication deemed to be an express or implied approval by Real Estate Digital of such material, nor shall it indicate that such material complies with the terms of this Agreement.

9. Unless otherwise stated, the copyright and other proprietary and intellectual property rights in all material published in the Product are owned by Real Estate Digital or its licensors. You are permitted to print or download extracts from this material for your personal use only. No part of the Product or any material appearing thereon may be reproduced on any other website, or distributed or disseminated in any form, either electronic or non-electronic, or included in any retrieval system without the prior written consent of Real Estate Digital.

10. REAL ESTATE DIGITAL DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE WITH RESPECT TO THE OPERATION, QUALITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY OF OR TITLE TO THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE OR ANY MATERIAL APPEARING IN THE PRODUCT. ACCESS TO THE PRODUCT AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR REASONS BEYOND REAL ESTATE DIGITAL’S CONTROL. TO THE FULL EXTENT PERMISSIBLE AT LAW, REAL ESTATE DIGITAL DISCLAIMS ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY MATERIAL APPEARING IN THE PRODUCT, OR FROM ANY ACTION TAKEN AS A RESULT OF USING THE PRODUCT OR ANY SUCH MATERIAL. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL REAL ESTATE DIGITAL BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE HOSTING FEES CHARGED OR ALLOCABALE TO THE THREE MONTH PERIOD PRIOR TO TERMINATION.

11. Real Estate Digital shall not be liable for the contents of any banner advertisement or any other form of advertising or the contents of any website to which any banner advertisement or other form of advertising provides a hyperlink. Advertisers and third parties providing banner advertisements, advertising in any form and/or links to other websites shall be solely responsible for ensuring that such advertising material and such other websites comply with all relevant laws and regulations. To the fullest extent permissible, Real Estate Digital disclaims all responsibility for any error, omission or inaccuracy in such material or its failure to comply with the relevant laws or regulations. The views expressed in any content published in the Product are not necessarily the views of Real Estate Digital and Real Estate Digital disclaims all responsibility for the content published.

12. You agree to defend, indemnify and hold Real Estate Digital harmless from and against any and all claims, losses, liabilities and expenses (including lawyers’ fees) related to or arising out of the services provided by Real Estate Digital under this Agreement or your breach of the terms of this Agreement, including without limitation claims made by third parties (including clients of yours) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by your for publication by Real Estate Digital, but excluding those related to the negligence of Real Estate Digital.

13. All Real Estate Digital, rDesk, rDesk Websites, rDesk Broker Websites, rDesk Agent Websites, rDesk CRM, rDesk IDX, rDesk CMA, rDesk Contact Manager, rDesk Action Plan Manager, SearchPoint, VantagePoint, DocCentral, TransactionPoint, FormCentral, reDataVault and Lightning logos are registered trademarks of Real Estate Digital. You are not permitted to use or reproduce or allow any other party to use or reproduce these trade marks for any reason whatsoever.

14. If any Article, Section, paragraph or provision of this Agreement is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of this Agreement.

15. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth herein.

16. Real Estate Digital represents and warrants that it has the necessary expertise and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform its obligations under this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal laws.

(If an individual) You hereby represents and warrants that you are eighteen (18) years of age or older, and under no disability that would render you unable to enter into, be fully bound by and able to fully perform your obligations in accordance with the provisions of this Agreement. OR (If a corporation) You hereby represent and warrant that you have the power to enter into and perform your obligations under this Agreement, and that your performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, state/provincial and municipal laws.

 

Traffic Accelerator®Local Terms of Service

 

PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS

Welcome to Traffic Accelerator, a service providing technology solutions for search marketing, social media marketing and online advertising services (“the Service”), operated by Real Estate Digital, Inc., its parents, subsidiaries, agents and affiliates (hereafter sometimes referred to as “RED,” “us,” or “our”).

By using the Service, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you access the service through a RED-owned channel or through a third-party reseller (each, a “Reseller”).  Please read these Terms of Use. If you object to anything in this Agreement or the RED Privacy Policy _______________________ do not use the Service. This Agreement is subject to change by RED at any time, effective upon posting on the Service, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and RED.

Description of the Service. Traffic Accelerator provides users with marketing and advertising tools including but not limited to: paid search marketing platforms, search engine optimization tools, link analysis tools, search analytics and personalized content. The Service may include certain communications from RED, such as service announcements, administrative messages and survey invitations and these communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

Proprietary Rights. RED owns and retains all proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary information of RED and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

No Resale or Redistribution of Service. Except as expressly authorized by RED, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service or computer code that powers the Service (hereafter sometimes "Software").

 

Privacy. Please see our complete Privacy Policy http://www.thesearchagency.com/aml-privacy-policy.html, which is incorporated into this Agreement. If you access the Service through a Reseller, your data may be subject to such Reseller’s own privacy policy in addition to RED’s Privacy Policy; please be aware that RED is not responsible for and cannot control the privacy practices of these Resellers or other websites. We encourage you to read the privacy policies for these other providers and websites, as they may differ from ours.

Further, you acknowledge, consent and agree that RED may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of violation of the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of RED, its users and the public.

Unauthorized Use. You must be a human. Service access by “bots” or other automated methods are not permitted.  You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or RED. You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is RED’s copyright. You shall not transmit any worms or viruses or any code of a destructive nature. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by RED for use in accessing the Service.

Blocking of IP Addresses. In order to protect the integrity of the Service, RED reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website.

Modifications to Service. RED reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RED shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Disclaimers of Warranties. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER RED NOR ITS RESELLERS, SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE OR ITS RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

 

Liability for our Services.  WHEN PERMITTED BY LAW, RED AND RED’S RESELLERS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RED AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICE AGAIN).

IN ALL CASES, RED AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Partner Providers. You may acquire access to the Service through a Reseller.  If you access the Service through a Reseller, your use may be subject to such Reseller’s own terms of service in addition to this Agreement.  RED is not responsible for and cannot control the practices of Resellers.

Third-Party Content. Certain content, products, and services available via the Service may include materials from third parties. In addition, RED may provide links to certain third-party websites. You acknowledge and agree that RED is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Links to other websites are provided solely as a convenience to you. Because RED has no control over such sites and resources, you acknowledge and agree that RED is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that RED is not in any way responsible for any such use by you.

Indemnity by You. You agree to indemnify and hold RED, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of RED’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. Your obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

Term. This Agreement will remain in full force and effect while you use the Service. RED may terminate your access to the Service at any time for any reason in its sole and exclusive discretion.  RED reserves the right to refuse service to anyone for any reason at any time.

Contract Terms:  The minimum terms of the contract is three months.  You authorize Real Estate Digital, Inc. to automatically charge to the credit card designated when your order is submitted or subsequently updated by you the SEM and management fee on a monthly basis as determined by you at the time your order is submitted, for the initial three-month term and each renewal term.  You agree to an initial minimum service term of three months.  You also agree that this Agreement shall automatically renew for successive twelve-month terms unless cancelled in writing at least 30 days prior to the end of the initial three-month term or any renewal three-month term. Cancellation requests must be submitted in writing to billing@weichertagentpages.com

Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Los Angeles County, for the resolution of any such dispute.

Other. The failure of RED to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and RED and govern your use of the Service, superseding any prior agreements between you and RED (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to: