| REGISTER MY CLIENT, LLC REAL ESTATE AGENT TERMS AND CONDITIONS Acceptance of Terms What constitutes a Registration: For an agent to obtain an actual Registration that a cooperating builder will honor requires the following: Agent must visit Registermyclient.com and set up a new account. Agent must agree to the Privacy policy and Terms and Conditions. Agent must import both their Registered Broker information as well as the information of the client(s) that the Agent wishes to register. Once the information has been imported an email will be sent to the client. The client will be required to specifically agree to the term and conditions of the registration as well as RMC’s privacy policy and then click on the submit button confirming that fact. Once each of these steps has been competed an actual “Registration” has occurred. RMC will send a confirmation of the client’s registration to the email address provided by the Agent. Each such registration is only valid for 30 days from the date the Agent registers the client. If any of these steps are not completed the Registration status is incomplete. Valid registration will not occur until all steps have been completed. Agent understands and agrees that some cooperating Builders pay only the last agent/broker that a client brings to a community sales office before such client signs a purchase contract. Agent agrees that the applicable Builder’s policy shall dictate the payment of commissions in such circumstances. Agent’s registration of a client is void and of no effect if the client has either visited the Builder within the last 365 days or is registered with another agent/broker. Agent understands and agrees that some builders do not pay commissions to cooperating agent/brokers outside of their state of operations. Agent agrees that the applicable Builder’s policy shall dictate the payment of commissions in such circumstances. Commission Disputes All commission disputes that may arise from using the RMC Network are solely between the Registering Broker and the Builder. RMC is simply acting as an information conduit between the Registering Broker and the Builder. Although RMC requires that each Builder to sign and confirm that they will pay commissions to outside Registered Brokers who utilize the RMC Network, it is the solely responsibility of the individual Registered Broker and/or Agent to ensure that commissions are paid and received. If a commission dispute arises from a client that was registered through the RMC network, it is the exclusive responsibility of the Registered Broker and/or Agent to dispute such commissions directly and solely with the applicable Builder. RMC sole obligation shall be to provide the actual information that has been input into the RCM Network by the applicable Builder, Agent and potential home buyer. Agents are encouraged to frequently login to their account and confirm that all information is accurate. It is the responsibility of the Agents to ensure that their clients’ information is correct. It is also the Agent’s responsibility to ensure that their client has confirmed and approved the client’s registration. As described below in the Disclaimer of Warranties and Limitation of Liabilities sections, RMC is not responsible to you, or any Registered Broker or Agent for any errors related to any client registration. Please carefully read these sections as they severely limit and negate RMC’s liability to you. General Register My Client, LLC, an Arizona limited liability company, and its subsidiaries and corporate affiliates, including without limitation Larry John Wright Real Estate, LLC, an Arizona limited liability company, Larry John Wright Internet Advertising, LLC, an Arizona limited liability company, and Larry John Wright Sales and Marketing, Inc., an Arizona corporation, (collectively, "RMC") operate a family of Web sites and associated Web pages. RMC refers to this group of Web sites as the "RMC Network." Any person accessing or using the RMC Network is referred to as “you”. Moreover, references to “Registered Broker” means any real estate broker used by you in connection with your efforts to collect commissions from a home builder (a “Builder”) that is also registered with RMC. If you are a licensed real estate agent, you may be referred to herein as an “Agent”. Acceptance of Terms By accessing or using any part of the RMC Network or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by RMC from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between RMC and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time at: http://www.registermyclient.com/termsofuse.php. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the RMC Network and provide RMC with your notice of cancellation. Additional terms may govern use of certain Web sites or Web pages within the RMC Network. In the event that any provision, term or guideline contained on a particular Web site or Web page in the RMC Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control. General Use of the RMC Network Unless specified otherwise, RMC offers you access to the RMC Network solely for marketing your new homes and communities and mortgage related products to real estate agents and new home buyers. You agree to only access or use the RMC Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to: - except with the express written permission of RMC, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, 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 the RMC Network, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the RMC Network or interfere with any other party's use and enjoyment of the RMC Network;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by RMC through the RMC Network.
Except with the express written permission of RMC, you agree that you will not access or attempt to access password protected, secure or non-public areas of the RMC Network. Except with the express written permission of RMC, you agree that you will not create links from any Web site or Web page to any page within the RMC Network; provided however upon prior written notice to RMC at Webmaster@registermyclient.com, you may create a link directly to any of the RMC Network home pages, including, but not limited to pages currently located at http://www.RegisterMyClient.com/. The origin of any link to any RMC Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the RMC Network home page. By creating a link to the RMC Network, you agree that (a) you will not employ any technology that results in the placement of content from the RMC Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the RMC Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the RMC Network. RMC reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that RMC so requests. You further agree that use of the RMC Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, RMC reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you. Content Contained in the RMC Network The RMC Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the RMC Network (collectively, “Content”) is owned by RMC and/or third parties with all rights reserved unless otherwise noted. You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the RMC Network or Content, except with express written consent of RMC. You understand that all third party Content posted on, transmitted through, or linked from the RMC Network, is the sole responsibility of the third party originator of such Content. Content is provided through the RMC Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall RMC be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. Content You Provide To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the RMC Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the RMC Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to RMC as provided below. You promise that you will not use the RMC Network to: - Transmit any Content:
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- and materials that contain 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; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the RMC Network, you grant, and you represent and warrant that you have the right to grant, to RMC an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the RMC Network, you grant RMC all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the RMC Network by any party for any purpose. General Terms Applicable Law This Terms of Use is governed by the laws of the State of Arizona, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Arizona, County of Maricopa and/or the Federal District of Arizona in all disputes arising out of or relating to accessing or using of the RMC Network. Access or use of the RMC Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. RMC's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of RMC's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the RMC Network or information provided to or gathered by RMC with respect to such use. Interpretation of the Terms of Use If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written Agreement between you and RMC), the Terms of Use constitutes the entire Agreement between you and RMC with respect to the RMC Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RMC with respect to the RMC Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE RMC NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. RMC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE RMC NETWORK, SERVICES AND/OR CONTENT. RMC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Indemnification YOU AGREE TO INDEMNIFY AND HOLD RMC, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE RMC NETWORK AND/OR RMC AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE. Limitation of Liability IN NO EVENT SHALL RMC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RMC NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE RMC NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE RMC NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE RMC NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RMC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE RMC NETWORK, AND ALL OTHER USE OF THE RMC NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RMC NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RMC NETWORK. IF DAMAGES ARE ASSESSED AGAINST RMC, YOU AGREE THAT THE AMOUNT OF SUCH DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO RMC. Copyright All materials on the RMC Network (as well as the organization and layout of the RMC Network) are owned and copyrighted or licensed by RMC, its corporate affiliates or its third-party vendors. © Register My Client, LLC. 2008, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the RMC Network is permitted without the written permission of RMC. Any rights not expressly granted herein are reserved. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to RMC's Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512. IP Administrator
Legal Department Register My Client, LLC.
231 N Alma School
Mesa, AZ 85201
Telephone: (480) 833-8111 120908 |
