RE/MAX Regional Services Intranet



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RE/MAX REGIONAL MEMBER REGISTRATION AND WEBSITE USER AGREEMENT This RE/MAX Regional Member Registration and Website User Agreement ("Agreement") is between you, a RE/MAX Regional Services Intranet Member ("Member"), and RE/MAX Regional Services (“RE/MAX”), whose address is 2050 Marconi Dr., Suite 160, Alpharetta, GA 30005. This Agreement supersedes and replaces all prior RE/MAX Regional Member Registration and Website User Agreements. 1. RE/MAX Regional Website. The Website is an intranet website service comprised of (a) computing services; (b) information related services; (c) information and other content provided by RE/MAX; (d) access to the services and information. RE/MAX may, from time to time, in its sole discretion and without notice, change the Website or add to or revise any or all aspects of the Website. At any time and without notice, RE/MAX in its sole discretion may elect, but is not obligated, to introduce or grant different grades of service, introduce or grant different degrees of access to information and/or analysis, or introduce new features and future versions of the Website which may change functions, limit access to information and/or analysis, and introduce new or revised security restrictions. RE/MAX may limit, create different priorities for different Members or update and/or cancel some or all of the functions of the Website at any time and without notice. RE/MAX may or may not make any such services, features or changes available to Member, and RE/MAX shall incur no liability in connection with any such introduction, grant or change in services or features. Member agrees to bear all risks and hold RE/MAX harmless for any and all effects that any of the above changes may have on Member's ability to use the Website for any purpose. By continuing to use the Website after notice of any change is posted on the Website, Member signifies its consent to all such changes, including but not limited to all changes to this Agreement. Member is responsible for all equipment, telephone connectivity and other services necessary to access the Website. RE/MAX further reserves the right, in its sole discretion, to modify, supplement, delete, discontinue or remove any file, publication, information, communication or other content appearing on or transmitted through the Website. 2. Member. To be a Member you must be one of the following: (a) a RE/MAX Franchisee or RE/MAX Sales Associate affiliated with a RE/MAX Franchisee who is current on all annual dues and fees owed to RE/MAX. 3. RE/MAX Approved Suppliers. RE/MAX from time to time enters into contractual arrangements with suppliers of certain products and services (the "Approved Suppliers") that are deemed to be useful to Members and others. RE/MAX or RE/MAX Approved Suppliers may provide Members with information about these products and services, including special offers and product or service updates. RE/MAX may, in its sole discretion, (a) post information about and provide Members access to Approved Suppliers, and (b) communicate with Member directly about such Approved Suppliers. 4. License. RE/MAX grants to Member a non-exclusive, non-assignable, limited license to use the Website strictly in accordance with all the terms of this Agreement, which license RE/MAX may terminate at any time without notice to Member if RE/MAX believes a violation of this Agreement has occurred. Only one individual may use the account established by the Member (the "Account") at one time, and a single Account may only be used for the benefit of the Member who registered for that Account. 5. Disclaimer of Warranties and Limitation of License. RE/MAX MAKES NO WARRANTIES OR GUARANTIES AS TO THE AVAILABILITY OR RELIABILITY OF THE WEBSITE. RE/MAX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. RE/MAX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES REGARDING THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL RE/MAX OR ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR ANY INFORMATION THEREON, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANALYSIS, OR OTHER LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE FAILURE TO PROVIDE SUPPORT FOR OR RESOLVE ANY SUPPORT ISSUES REGARDING THE WEBSITE, EVEN IF RE/MAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ANY CASE, RE/MAX'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, OR WHICH HAS BEEN PAID ON YOUR BEHALF, DIRECTLY TO RE/MAX FOR ACCESS TO THE WEBSITE. 6. Member Access. RE/MAX reserves the right to suspend or terminate Member's access to the Website and to terminate this Agreement without notice to Member, at any time, in the event: (a) Member ceases or fails, for any reason, to meet the definition of a Member, as determined solely by RE/MAX; (b) Member fails to honor or is in breach of any term or condition of this Agreement, as determined solely by RE/MAX; (c) Member ceases, for any reason, to be affiliated with the RE/MAX organization; (d) Member fails to notify RE/MAX of a change of office address; (e) Member engages in any Prohibited Use of Website (see Section 11 hereof) or any other conduct which, in the sole judgment of RE/MAX, compromises or may compromise the value, integrity or viability of the Website or detracts from the reliability or reputation of such extranet service or of the RE/MAX name or organization. 7. Modification of Agreement. This Agreement may be modified by RE/MAX at any time, without limitation, by posting notice on the Website of any modifications to the terms or conditions of this Agreement. Unless otherwise specified in the notice, any modifications to the Agreement shall be effective when posted on the Website. 8. Member Duties and Obligations. Member agrees no other individual or entity, including other Members, shall access the Website through Member's Account. Member agrees it shall be responsible for any and all charges, claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) that arise from any unauthorized access to the Website through Member's Account. Member agrees to comply with all applicable laws with respect to use of the Website and rules and regulations adopted by RE/MAX governing use of the Website. Member is responsible for reading and complying with all rules, regulations, warnings, notices and instructions posted by RE/MAX on the Website. 9. Limited Access to and use of RE/MAX Advertising Materials. In limited circumstances RE/MAX may make available for download via the Website certain audio and visual advertising materials, including but not limited to radio commercials, jingles and other proprietary music, television commercials, or ad slicks (the "RE/MAX Advertising Materials"). You hereby acknowledge and agree that you will observe any limits on the use of such RE/MAX Advertising Materials that are required by RE/MAX, by law, or by anyone with an interest in such RE/MAX Advertising Materials. You further agree to (a) use the RE/MAX Advertising Materials in the form in which they have been created, without modification other than to add on, when and where permitted, your business contact information (such as your office address, e-mail address, and telephone numbers); (b) use the RE/MAX Advertising Materials only for promoting and advertising your RE/MAX real estate activities; (c) comply with any expiration date(s) for such RE/MAX Advertising Materials, whether such dates are posted on slates preceding televisions commercials, posted on the Website, or communicated in any other manner; (d) upon an expiration date that applies to particular RE/MAX Advertising Materials, immediately delete, destroy, and otherwise stop any and all usage of, any products that incorporate or use any portion of such expired RE/MAX Advertising Materials; (e) upon any notification from RE/MAX requiring that you do so, which may consist solely of posting the notification on the Website, immediately delete, destroy, and otherwise stop any and all usage of, any products that incorporate or use any portion of the RE/MAX Advertising Material that is the subject of such notification; and (f) regularly check the Website and any other communication from RE/MAX for such notifications and expirations. You also hereby agree that if you modify the RE/MAX Advertising Materials in any manner, you do so at your own risk and you assume any and all liability for (i) any claims that such usage is improper, including copyright infringement or a misleading or false advertisement and (ii) any and all costs incurred by RE/MAX arising from any claims relating to your usage of the RE/MAX Advertising Materials, including court costs and attorney fees. 10. Prohibited Use of Website. Member agrees to abide by all applicable local, state, national, and foreign laws, treaties, and rules and regulations in connection with the Website and agrees not to use the Website or any feature, aspect, or data in, a part of, or from the Website to: a. Interfere with or disrupt servers, networks, hardware, software, or Members connected to or using the Website, or violate the licenses, policies, procedures, or regulations of such; b. Attempt to gain unauthorized access to the Website, other accounts, computer systems, networks, or Members connected to or using the Website, through password mining or any other means; c. Harass or interfere with another Member's use or enjoyment of the Website or other Member's information or data on the Website; d. Copy any portion of the Website for any purpose, including, but not limited to, copy any portion of the Website for transmission or use, directly or indirectly, on any computerized electronic exchange other than the Website, excepting only that portion of the information or data on the Website that Member uploaded to the Website through Member's Account; e. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; f. Falsify the origin or source of software or other material contained in a file that is uploaded; or 11. Member Responsibilities. a. Member agrees no other individual or entity, including other Members, shall access the Website through Member's Account. Member agrees it shall be responsible for any and all charges, claims, liabilities, losses, damages, costs and expenses (including reasonable attorney fees) that arise from any unauthorized access to the Website through Member's Account. Member agrees to comply with all applicable laws with respect to use of the Website and with all rules and regulations adopted by RE/MAX governing use of the Website. Member is responsible for reading and complying with all rules, regulations, warnings, notices and instructions posted by RE/MAX on the Website. b. Member hereby authorizes RE/MAX to place cookies and other files on Member's computer hard drive or other storage medium to assist the Website in limiting access to only authorized Members and recording authentication information for the duration, activities, and content of each session of the Member on the Website. c. Member is responsible for any and all activities that occur under its Account, and must log off and exit from its Account at the end of each session of use. Member shall send RE/MAX notice immediately upon being aware or suspicious of any unauthorized use of the Website by any person. d. In accordance with and within the privacy and other limitations then set forth in the Website, Member authorizes RE/MAX full access to any information regarding Member, Member's Account, all cookies and other information, and the use of any and all information and data on the Website. Notwithstanding the above, RE/MAX will not disclose any information regarding any Member or use any information without Member's prior permission or in accordance with this Agreement, or as may be required by law or lawful process. e. Member hereby grants RE/MAX and its assigns a non-exclusive, unrestricted, perpetual royalty-free license to display, publish, and otherwise use any and all information or data Member places on the Website. f. Member acknowledges and agrees that if RE/MAX reasonably suspects that any material information supplied by Member is untrue, inaccurate, not current, or incomplete, RE/MAX in its sole and absolute discretion has the right to suspend or terminate Member's access to the Website, and may restore Member's access to the Website after any and all defaults have been cured to RE/MAX's satisfaction. g. Member authorizes RE/MAX to send Member e-mail messages and electronic communications, including but not limited to periodic company news updates, information concerning educational courses, special announcements, industry news of special interest and regional information. Member further authorizes RE/MAX and RE/MAX on behalf of RE/MAX Approved Suppliers to send commercial electronic mail messages (as defined by the CAN-SPAM Act of 2003) to Member at Member's remax.net e-mail address. h. Member acknowledges the Website will not be available or accessible during routine scheduled downtime for maintenance. i. Member acknowledges and agrees that if Member is suspended or terminated by RE/MAX, Member will not be able to access the Website. 12. No Unlawful or Prohibited Use. As a condition of Member's use of the Website, Member warrants that Member will not use the Website for any purpose that is unlawful or prohibited by this Agreement. 13. Links to Third-Party Sites. The Website may contain hyperlinks to websites operated by parties other than RE/MAX. Such hyperlinks are provided for Members' reference only. RE/MAX does not control such websites and is not responsible for their content. RE/MAX's inclusion of hyperlinks to such websites does not imply any endorsement of the material, products or services on such websites or any association with their operator. 14. Support. RE/MAX shall only provide on-line technical support for difficulties Member may have accessing the Website or any of its features. Technical support shall not include any aspect of Member's computer hardware, software, configurations, means of gaining access to the Internet, ability to browse the Internet, or ability to access any facet or portion of the Website. 15. Copyrights and Licenses. a. RE/MAX hereby claims and reserves all rights in copyrights and other rights in and to the Website, including the Website name, front page, Website graphics and all material and content originating with or provided by RE/MAX, including any audio or visual advertising materials or other documents accessible through the Website. b. Except to the extent, if any, permitted by the "fair use" doctrine of copyright law, or as permitted in Section 10 above, Member agrees that wherever a copyright notice or claim is included (i) with or on any content or material or (ii) on any screen display on the Website, that Member will not download, duplicate, forward, distribute, display, perform or otherwise use such content, material or screen display without the express written authorization from the owner of such copyright. c. Member acknowledges and agrees that only the owner of copyrighted or proprietary material, and those authorized in writing by the owner of such material to do so, may upload copyrighted or proprietary material to the Website. Member agrees that it will not upload copyrighted material to the Website for the purpose of making such copyrighted material available to other Members without the express written authorization to do so from the owner of such copyright. For copyrighted material that Member is authorized to upload to the Website, Member agrees it shall designate the copyrighted nature of such material and the scope of its permitted use. Member acknowledges and agrees that in posting or uploading any copyrighted material, changes to or deletion of author attribution or copyright notice is expressly prohibited. d. Member agrees software or tools downloaded or otherwise available through access to the Website may not be reverse engineered or otherwise tampered with unless specifically authorized in writing by the owner of the rights in such software or tools. 16. Disclaimer of Warranties and Exclusion of Liability. a. RE/MAX does not endorse or guarantee the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other material or content included on or made available on, over or through the Website. Member hereby waives all claims against RE/MAX, including any claims that arise as a result of Member's use of or reliance upon the accuracy, completeness, truthfulness or reliability of any service, opinion, advice, communication, information or other material or content included on or made available on, over or through the Website. Member expressly acknowledges that the provisions of this Section 17 relating to disclaimer of warranties and exclusion of liability shall also apply to any claims relating to access to services, information and other content provided by parties other than RE/MAX, and any other content available through the Website. Member agrees it will not hold RE/MAX responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the Website. b. Member expressly acknowledges that the Disclaimer of Warranties and Limitation of License set forth in Section 5 of this Agreement and RE/MAX's disclaimer of warranties and exclusion of liability set forth in this Section 17 shall also apply to any claims relating to access to services, information and other content provided by Members or parties other than RE/MAX, and any other content available through the Website. Member agrees it will not hold RE/MAX responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the Website. 17. Indemnity. Member agrees to indemnify, defend, and hold harmless RE/MAX and its shareholders, directors, officers, employees, and agents from and against any and all claims, suits, proceedings, liabilities, losses, damages, costs and expenses whatsoever, including reasonable outside attorney fees and disbursements, court costs or arbitration costs, arising out of any breach or violation by Member of any term or condition of this Agreement. The obligations of Member to indemnify RE/MAX shall survive expiration or termination of this Agreement. 18. Governing Law. This Agreement shall be governed by the laws of the state of Georgia, Kentucky, Tennessee, and Ohio without regard to its conflict of laws principles. The courts of Georgia, Kentucky, Tennessee, and Ohio shall have exclusive jurisdiction over all disputes relating to this Agreement. Member agrees that venue and jurisdiction for judicial proceedings is proper and shall exist exclusively in Georgia, Kentucky, Tennessee, and Ohio. 19. Entire Agreement. Unless modified as provided in Section 8, this Agreement includes the entire understanding between RE/MAX and Member regarding the subject hereof and supersedes all previous agreements between them. 20. Assignment. This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of RE/MAX and Member and their respective successors and assigns, and no other person or legal entity shall acquire or have any rights under or by virtue of this Agreement. This Agreement may be assigned by RE/MAX to a corporate affiliate, subsidiary or successor in interest, in RE/MAX's sole discretion. This Agreement may not be assigned or otherwise transferred by Member without the prior written consent of RE/MAX. 21. Severability Clause. If any term or condition of this Agreement or application of any such term or condition is held unlawful or invalid, the remainder of this Agreement and the application of such term or condition other than to the extent it is held unlawful or invalid, will not be held unlawful, invalidated, or affected thereby, and shall remain in full force and effect. 22. No Waiver. A failure by RE/MAX or Member to enforce at any time any term or condition of this Agreement shall not be considered a waiver of that party's right thereafter to enforce that same term or condition or any other term or condition of this Agreement. 23. Headings. The headings contained in this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. 24. No Joint Venture. RE/MAX and Member agree that this Agreement does not create a joint venture, partnership, employment, or agency relationship as a result of this Agreement or Member's use of the Website. RE/MAX and Member expressly understand and agree that each party is acting as an independent contractor unrelated to the other party or its subsidiaries or affiliates. 25. Force Majeure. The Website contains functionalities and services that allow sending, delivering or receiving information between Members, which may be relayed or carried through RE/MAX, public, third parties' or other networks, systems, servers, websites or applications (e.g., telephone and cellular networks, e-mail servers) ("Third Parties' Networks"). The Third Parties' Networks are not controlled by RE/MAX in any way and RE/MAX shall not be responsible for the performance, availability, functionality, quality or reliability of any of the Third Parties' Networks or the information sent, delivered, relayed, carried or received through the Third Parties' Networks. Notwithstanding anything herein, RE/MAX does not warrant or guarantee that the information sent, relayed, carried or delivered through these Third Parties' Networks will reach its destination or its correct address or recipient or that the details of the recipient or sender are correct or accurate. RE/MAX shall not be liable for, and shall be excused from, any failure to deliver or perform, or for any delay in delivery or performance, due to causes beyond its reasonable control, after exercising its best commercially reasonable efforts to remedy any such failure or delay, including without limitation any government actions, fire, work stoppages, civil disturbances, interruptions of power or communications to RE/MAX or any facilities used by or for RE/MAX, failure of the Internet, hosting, telecommunications, or other services to RE/MAX or facilities used by or for RE/MAX, natural disasters, acts of God, or acts of terrorism or war. 26. Notice. Whenever Member is required by the terms of this Agreement to provide written notice to RE/MAX or obtain written permission from RE/MAX, it shall be sent via e-mail to Jodi Hendrixson at jodi.bell@remax.net.
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