Terms Of Service
“Agreement” refers to these Terms of Service and if a Service is ordered, as combined with the order form;
“Brokermint” refers to our company, known as “Brokermint LLC”;
“Order Form” refers to either a subscription order form for the the subscription of a Brokermint plan or to a work order form for auxiliary services;
“Service” refers to the services that we provide through our Site, including our Software as a Service (“SaaS”) and our Site itself as well as any auxiliary professional services such as custom integrations, API or development consulting, onsite training, etc.;
“Site” refers to our website, www.brokermint.com;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“We,” “us,” or “our” refers to Brokermint LLC“;
“You” refers to you, the person who is entering into this Agreement with Brokermint.
- Description of Service
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Brokermint, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must not sign up on behalf of any natural person other than yourself.
- You must, if signing up on behalf of a person other than a natural person, have the authority to bind that person to this Agreement, and you hereby represent that you are binding both that person and yourself to this Agreement, and that both that person and yourself shall be held jointly and severally liable for any breaches of this Agreement.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
- You must properly report all income and contracts as required to the Internal Revenue Service and any other governmental entity that may require it.
- Nature of Service
- We make no warranties or representations in regard to the suitability of using our Service for your purposes, and that you are solely responsible for determining whether Brokermint is fit for your intended purpose or purposes.
- We make no representations or warranties in relation to uptime vis-à-vis its servers, or uninterrupted or error-free service.
- We are not providing legal, tax or any accounting advice by allowing you to use our products. Your interpretations of data are your own for which you have full responsibility. You are solely responsible for complying with laws and regulations applicable to your real estate broker activity and your use of the Service.
- We reserve the right to edit, suspend, or refuse to publish or perform any Service that we believe would violate a third party’s rights or expose us to liability.
- We may modify our systems and Services from time to time.
- We may discontinue a Service at any time, at our discretion, and substitute one or more Services of comparable value, or we may discontinue the Service and related charges without substitution.
- We may refuse, modify, or remove from any Service content we deem to violate applicable law, our legal rights, or the rights of a third party. We may terminate the Service if we determine other remedies are ineffective.
- We may engage third parties to provide or fulfill the Services. You authorize us to engage third parties as necessary to provide you the Service, provided that we will be responsible for the performance of such third parties.
We will provide notice to you of any unauthorized third-party access to your content of which we become aware in accordance with applicable law and will use reasonable efforts to re-mediate identified security vulnerabilities.
You grant Brokermint a perpetual, irrevocable, transferable, non-exclusive right to use any comments, suggestions, ideas or recommendations you provide related to any of our products or services in any manner and for any purpose.
- Rules of Use
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Brokermint.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, introduce any spyware, malware, viruses, Trojan horses, back-doors or other software exploits or otherwise compromise the security or integrity of the Brokermint Site, Service, or its Users’ computers.
- Subcontract, sub-license, distribute, sell the Brokermint Service to any third party.
- Do anything else which could bring Brokermint into disrepute or violate the rights of any person.
- Use any means to discern the source code of our products and/or Services.
- Term and Termination
Following an Order Term, Services will automatically continue in effect at then-current list pricing until the parties agree on a renewal order or until one party terminates the Agreement in accordance with this Section 7.
All cancellation requests must be made via email and sent to firstname.lastname@example.org. Your cancellation request will be reviewed within 7 business days.
We may suspend or limit your use of our products or professional services or terminate the Agreement if, in our sole discretion, we determine that your use may result in a risk to public safety, or that there has been a breach of security, material breach of your obligations under the Agreement, material breach of any other agreement between the parties or a violation of law. If the cause of the suspension is reasonably capable of being remedied, we will provide you notice of what actions you must take to reinstate the product. If you fail to take the actions or the cause cannot be remedied within 30 days, we may terminate the Agreement.
You may terminate the Agreement immediately upon written notice if we commit a material breach and fail to cure the material breach within 30 days. If the parties cannot reach mutual agreement on the material changes within 30 days, you may terminate the Agreement immediately on written notice.
Upon termination, all licenses end immediately. Termination of the Agreement will not relieve you of your obligation to pay us any amounts you owe up to and including the date of termination.
- Payment, Refunds, and Pricing
Brokermint may refuse to provide such discount offers for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
- Chargebacks and Credit Card Cancellations
Where a User’s credit card cannot be charged for a recurring subscription, such User’s access to our Service shall be terminated upon completion of the most recently paid subscription period, and all data associated with such User may be deleted by Brokermint without notice. Without limiting Brokermint’s rights under this section of the Agreement, Brokermint may, but is not required to, attempt to contact a User to permit the User to remedy the payment issue prior to taking any steps to effect Service termination or data deletion.
- Our Copyright
- Revocation of Consent
- Limitations of Warranties & Liabilities
To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers’ total liability to you for all damages, loses, and causes of action, arising out of or relating the use or misuse of the Website, or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by you, of any, to Company during the six months period immediately preceding the date of the claim or fifty US dollars, whichever is lesser.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
- Choice of Law
- Forum of Dispute; limitations of Claims
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
No claim arising out of or related to any Service may be brought by either party more than 12 months after the Service ends, except that we may bring an action to collect unpaid charges at any time prior to the expiration of the applicable statute of limitations.
- Force Majeure
- Assignment of Rights
- Third Party Providers
Florida Realtors and Florida Realtors/Florida Bar forms©2018. All rights reserved. The Florida Realtors and Florida Realtors/Florida Bar forms included in this software are reproduced under a license agreement from Florida Realtors. This license agreement does not constitute an endorsement or recommendation of this software by Florida Realtors. Blank forms may not be resold, repackaged or redistributed to any third party. Read your terms of service carefully.
Texas REALTORS® and Texas REALTORS® forms. All rights reserved. Texas REALTORS® forms included in this software are reproduced under a license agreement from Texas REALTORS®. This license agreement (i) prohibits End User from reproducing, displaying, and/or otherwise making available the Material through a public website; and (ii) prohibits, except by strikeout, End User from altering, manipulating, or changing the preexisting text of the Material in any way, including but not limited to, “unlocking” or otherwise opening or attempting to open or bypass the security/password protection, converting the form to a different file format, removing copyright dates and/or symbols, and/or removing any reference, including headings, to the Association included in the Material.
- California Users and Residents
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: October 5, 2019
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