IMPORTANT NOTICE TO USER – PLEASE READ CAREFULLY
USING THIS SITE TO LOCATE A REAL ESTATE PROFESSIONAL OR VIEWING ANY OF THE
WEB PAGES FOR ANY REASON CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF
USE ("AGREEMENT"). BY USING THE SITE, YOU REPRESENT AND WARRANT TO MERCURY
NETWORK, LLC ("COMPANY") THAT YOU ARE A LICENSED REAL ESTATE APPRAISER, REAL
ESTATE AGENT OR AN AUTHORIZED EMPLOYEE OF A BANK, MORTGAGE COMPANY OR OTHER
PARTICIPANT IN THE REAL ESTATE MORTGAGE INDUSTRY.
You shall comply at all times with the MN Web Site Terms of Use, a copy of
which may be found at http://www.mercuryvmp.com/about/terms/.
MN may change the Web Site Terms of Use at any time without notice, at MN's sole
discretion. MN may terminate this Agreement if you violate the terms of the Web
Site Terms of Use. The determination of whether the Web Site Terms of Use has
been violated will be made solely by MN.
- Access to Network.
The Company hereby grants to you, and you hereby accept, a limited, revocable,
non-exclusive right to access the Network solely for purposes directly related
to your professional activities arising in the ordinary course of business,
subject to and in accordance with the terms and conditions hereof. Any
other use of the Network is strictly prohibited.
- Membership Fees.
Becoming a member of the Network is free. However, we may subsequently
choose to charge a fee for membership in the Network by posting notice thereof
on the Network website prior to implementation of the change.
- Solicitation.
Soliciting any of the individuals or companies listed on this web site for
purposes of selling products or services other than the real estate related
products and services for which this web site was specifically designed is
prohibited.
- Use of Network. In
connection with your activities on the Network, you shall (i) operate your
business in accordance with all applicable laws and regulations, (ii) to the
extent reasonably practical, use the Network to obtain products and services
of the type offered by members thereof, (iii) consistently encourage the use
of the Network by appraisers and other participants in the real estate
mortgage industry, (iv) promptly respond to all requests for services or
products received from, and promptly pay for all services or products ordered
from, other members of the Network, (v) make no false or misleading
representations to any party with regard to the Network or any product or
service offered by you, and (vi) not participate or engage in any illegal,
deceptive, misleading, unethical or improper practice or infringe any third
party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy. You further agree not to (vii)
disseminate any information about another member of the Network without the
prior consent of such member, or (viii) send unsolicited e-mails or other
types of communications to any member of the Network for any purpose other
than requesting the delivery of products or services provided by such member
or a proposal to provide any such product or service.
- Use of Name. You
hereby grant to the Company the right to include your name and/or company logo
in the Network membership directory and in advertisements and releases
promoting the Network.
- Termination. The
Company may terminate this Agreement, at any time, with or without cause, upon
written notice to you. Upon termination of this Agreement, all rights
and obligations of the parties hereto (excepting those set forth in Sections
7, 8, 9, 10, 11 and 13) shall terminate. In addition, you agree to
immediately cease and desist from accessing the Network and from holding
yourself out as a member of the Network.
- Company's Rights. You
hereby acknowledge that the Network is the proprietary property of the
Company, the names and marks "XSites" and "XSites Network," and all associated
names, marks and logos (collectively, the "Marks") are the trademarks and/or
service marks of the Company or its affiliates, and that any trade dress,
trademarks, service marks or designs related to XSites, XSites Network and/or
the Marks are the intellectual property of the Company and are protected by
United States copyright laws, trademark laws, trade secret laws, international
treaties and applicable laws of the states and jurisdictions where they are
used. This Agreement does not grant to you any ownership rights in the
Marks or in any other intellectual property of the Company. All right,
title and interest in and to the Marks, and any other intellectual property of
the Company shall remain with the Company. You further acknowledge that
the Network and its functionality, structure and organization, and the code
format of the Network are valuable confidential trade secrets of the
Company.
- LIMITED WARRANTY. THE
NETWORK IS PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE NETWORK,
INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS
QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE NETWORK. THE
COMPANY DOES NOT WARRANT THAT THE NETWORK IS FREE FROM BUGS, VIRUSES, ERRORS
OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN
THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS
FROM THE DATE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT BY
CLICKING ON "I AGREE" AT THE BOTTOM OF THIS FILE.
- LIMITATION OF
LIABILITY. YOU ACKNOWLEDGE THAT YOU HAVE NOT PAID ANY FEE TO
BECOME A MEMBER OF THE NETWORK. ACCORDINGLY, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR
ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR
PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
LOST SAVINGS, BUSINESS PROFITS, BUSINESS INTERRUPTION OR ANY OTHER LOSS)
(COLLECTIVELY "LOSSES") ARISING OUT OF YOUR PARTICIPATION IN THE NETWORK, EVEN
IF A REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSSES, AND REGARDLESS OF WHETHER LOSSES ARE SUFFERED BY YOU OR ANY OTHER
THIRD PARTY.IN ANY EVENT, THE COMPANY'S ENTIRE LIABILITY FOR ANY LOSS SHALL BE
LIMITED TO U.S. $100.00. YOU AGREE THAT THE FOREGOING REPRESENTS A FAIR
ALLOCATION OF RISKS HEREUNDER AND IS A MATERIAL INDUCEMENT FOR THE COMPANY TO
ENTER INTO THIS AGREEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY JURISDICTION WHERE
THE EXLCUSION OR LIMITATIONS ON THE TYPE AND/OR AMOUNT OF LOSSES DO NOT APPLY,
THE COMPANY'S LIABILITY FOR LOSSES SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY SUCH JURISDICTION'S LAWS.
- Indemnity. You will
indemnify, defend and hold harmless the Company and its officers, directors,
employees and agents (each, an "Indemnified Party") from and against any and
all claims, demands, losses, costs, expenses, liabilities and damages of any
kind or nature whatsoever (collectively, "Damages") incurred by any
Indemnified Party arising out of, in connection with or resulting from (i)
your participation in the Network or (ii) your breach of this Agreement;
provided, however, that in the event any such Damages are primarily caused by
the gross negligence or willful misconduct of the Company, your
indemnification obligations hereunder shall not apply.
- Release. In the event
a dispute arises between you and any other member of the Network, you shall
and do hereby release the Company and its officers, directors, employees and
agents from any and all claims, demands, losses, costs, expenses, liabilities
and damages of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such dispute. If you are a California resident, you waive
California Civil Code section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
- Information Control.
The Company does not control the information provided by other members that is
made available through the Network. You may find other member's
information to be inaccurate or deceptive. Please use common sense when
transacting business over the Network.
- Governing Law. This
Agreement shall be construed and governed by the internal laws of the State of
Florida, U.S.A., excluding the application of its choice-of-law principles.
Notwithstanding anything to the contrary herein, the Company may seek any
interim or preliminary relief from a court of competent jurisdiction in
Collier County, Florida necessary to protect the rights or property of the
Company.
- Severability. 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 may be assigned by the Company,
in its sole discretion, to a third party in the event of a merger or
acquisition. This Agreement sets forth the entire understanding and
agreement between you and the Company with respect to the subject matter
hereof.
- Amendments. The
Company may amend this Agreement at any time by posting the amended terms on
the Network website. Except as stated above, all amended terms shall
automatically be effective when posted on the Network website. This
Agreement may not be otherwise amended except in a writing signed by you and
the Company.
- No Waiver. Neither
the failure nor the delay of the Company in exercising, enforcing or taking
action against you with respect to any of the Company's powers or rights shall
operate as a waiver of such powers or rights. No single or partial
exercise by the Company of any of its powers or rights will preclude the
Company from exercising such powers and rights in the future or from
exercising other powers and rights.
- Section Headings. The
headings of sections in this Agreement are provided for convenience only and
will not affect the construction of the sections.
- Fraud. Without
limiting any other remedies, the Company may suspend or terminate your
membership in the Network if the Company suspects that you (by conviction,
settlement, investigation or otherwise) have engaged in any fraudulent
activity in connection with the Network.
MICROSOFT BING MAPS PLATFORM APIs' TERMS OF USE
Our
obligation to Microsoft requires that we provide you with a link to their terms
of use. The following Microsoft Terms of Use may or may not apply to your use of
the Microsoft Bing Maps: http://www.microsoft.com/maps/assets/docs/terms.aspx