YOU GOT LISTINGS, INC. TERMS OF SERVICE

Version 2.0 – Last updated on 2/16/2011.

  1. Your Relationship with You Got Listings, Inc.

    1. Your use of You Got Listings, Inc. (“YGL”) products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by YGL under a separate written agreement) is subject to the terms of a legal agreement between you and YGL.

    2. The Terms of Service form a legally binding agreement between you and YGL in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “Agreement”.

  2. Acceptance of Terms of Service

    1. In order to use the Services, you must first agree to the Agreement. You may not use the Services if you do not accept the Agreement.

    2. You can accept the Agreement by:

      1. clicking to accept or agree to the Agreement, where this option is made available to you by YGL in the user interface for any Services; or

      2. by actually using the Services. In this case, you understand and agree that YGL will treat your use of the Services as acceptance of the Agreement from that point onwards.

    3. You may not use the Services and may not accept the Agreement if (a) you are not of legal age to form a binding contract with YGL, 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.

  3. Eligibility

    The Services is available solely for the purpose of conducting real estate transactions such as buying and selling real estate, leasing or renting real estate and for no other purposes. You must be a landlord, managing agent, realtor or real estate broker to use the Services. Subscription in the Services is void where prohibited.

  4. Billing and Payment

    1. Paid service charges are due on a monthly basis, with statements detailing the billing emailed to you. Questions regarding billing should be directed to billing@yougotlistings.com. Additional charges that may be accrued will be charged in the subsequent billing cycle.

    2. Your account will be suspended if payment is not received on due date. You will not have access to any paid Services unless your account is brought current.

  5. Your Information

    Your information shall include, without limitation, any information disclosed by you to YGL or otherwise received by YGL during the term of this Agreement regarding all personally identifiable data about your employees or other individual agents, your clients, your procedures and policies, and your computer, information.

    1. Clients, as used above shall refer to

      1. potential buyers and lessees of real estate,

      2. buyers and lessees of real estate who transact with you, and

      3. any sellers and lessors of real estate

  6. Confidential Information

    1. YGL agrees that it will not use or disclose Your Information or make it available to third parties other than in connection with the services YGL provides, except as may be necessary to comply with legal process, to enforce this Agreement, or to respond to claims that any Content violates the rights of third parties.

    2. Notwithstanding the foregoing, YGL shall not be responsible for disclosures of Your Information caused by hardware failures or other errors outside the control of YGL.

      1. Errors outside the control of YGL shall include but not be limited to third party hacking of YGL servers, websites and other systems, unauthorized third party access to YGL servers, websites and other systems, and failure of third party software used by YGL.

    3. YGL shall use best efforts to restrict access to Your Information to those of its employees or agents having an operational need to have such access. YGL shall also use best efforts to prevent hardware and other failures to the extent foreseeable given YGL’s expertise.

    4. This Section shall survive termination of this Agreement.

  7. Disclaimer of Warranties/Liabilities

    1. YGL represents and warrants that it shall provide the Services in a professional and workmanlike manner, consistent with industry standards and that the Services shall comply with all the written representations made by YGL regarding the Services. All other warranties, express or implied, are hereby disclaimed.

    2. In no event shall either party be liable for direct, indirect, special, incidental, consequential damages, loss of profits, or lost data, even if it has been advised of the possibility.

  8. Non-Compete

    1. YGL agrees that its owners, principals, employees and agents are barred from using any of Your Information in the establishment of a real estate firm.

    2. YGL agrees that it will not sell, release or otherwise disclose Your Information to any competing real estate firms. Your information given to YGL by you may be shared with other third parties, in a manner consistent with the services warranted.

    3. This Section shall survive termination of this Agreement.

  9. Data Validity and Accuracy

    YGL makes no representations or warranties as to the validity or accuracy of the data provided by customers or inputted by YGL. In no event shall YGL be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the unauthorized use by customers of the data within the YGL database.

  10. Copyright Policy

    1. You may only redistribute via whatever means, any data entered or modified or updated by your users within your account. Any violation of this policy will cause your subscription to be suspended or terminated.

    2. Any copyright violations may result in prosecution by YGL to the full extent of the governing laws.

    3. This Section shall survive termination of this Agreement.

  11. Prohibited Activities

    1. YGL reserves the right to investigate and terminate your subscription and prosecute to the full extent of the governing laws if you have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Services:

      - You will not give access to your account to any third parties.
      - You will not access third party YGL accounts without consent from the account holder and YGL.
      - You will not express or imply that any statements you make are endorsed by YGL without our specific prior written consent.
      - You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
      - You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
      - You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
      - You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services.
      - You will not post, email or otherwise transmit any material that contains 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.
      - You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.

    2. This Section shall survive termination of this Agreement.

  12. Content on YGL

    1. YGL owns and retains all proprietary rights in the Services. The Services contains the copyrighted material, trademarks, and other proprietary information of YGL, 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.

    2. Reliance on information or content made available through the Services, but not directly by YGL, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. YGL does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any data that appears on the Services. Under no circumstances will YGL be responsible for any loss or damage resulting from your reliance on information or other content posted on the YGL database or transmitted to or by any customers.

  13. Advertisements

    1. 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.

    2. The manner, mode and extent of advertising by YGL on the Services are subject to change without specific notice to you.

    3. In consideration for YGL granting you access to and use of the Services, you agree that YGL may place such advertising on the Services.

  14. Listings Distribution and Sharing

    You acknowledge and agree that by accessing listings from other YGL clients through YGL directly or indirectly, you will also make available your public listing(s) through YGL.

    1. Public listing(s) as used above shall refer to listings you make available to other real estate agents and agencies.

    2. Listings as used above shall refer to real estate properties available for rent.

  15. Other Content

    1. The Services may include hyperlinks to other web sites or content or resources. YGL may have no control over any web sites or resources which are provided by companies or persons other than YGL.

    2. You acknowledge and agree that YGL is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

    3. You acknowledge and agree that YGL is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

  16. Termination of the Agreement

    1. You may terminate this Agreement at any time. However, if you signed up for YGL’s paid Services, the current month’s service fee will be forfeited and you will be billed for any subsequent charges incurred during your usage.

    2. YGL reserves the right to terminate this Agreement at any time. In the event YGL terminates this Agreement, no termination fee is due to either party. YGL will refund any pre-paid fees already paid by you for Services not yet provided on a pro-rated basis within thirty (30) days of the termination of this Agreement.

  17. Changes to the Terms

    YGL may make changes to the Terms of Service from time to time. When these changes are made, YGL will make a new copy of the Terms of Service available at http://yougotlistings.com/blog/you-got-listings-inc-terms-of-service.

  18. Entire Agreement/Amendments

    This Agreement represents the entire agreement between you and YGL and supersedes all prior negotiations or agreements, written or oral, which are not included herein.

  19. Dispute Resolution

    The parties agree to use their respective best efforts to resolve disputes that arise hereunder by escalating the dispute to higher levels of management within their respective administrations for resolution, before submitting the dispute to court for resolution.

  20. Governing LawThe laws of United States, the State of Massachusetts and the County of Suffolk will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Suffolk County, Boston, Massachusetts.